Commonwealth  of  Pennsylvania. 


Department  of  Labor  and  Industry 

HARRISBURG 


LIBOR  LAWS  OF  PENNSYLVANIA 


JOHN  PRICE  JACKSON 


Commissioner  of  Labor  and  Industry 


HARRISBURG,  PA.: 

WM.  STANLEY  RAY,  STATE  PRINTER 

1916 


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TABLE  OF  CONTENTS 


Page 


Blower  Act  of  1913,  . .  5 

Child  Labor  Act  of  1915, .  6 

Department  of  Labor  and  Industry  Acts: 

Department  Act  of  1913,  .  13 

Act  of  1915  Creating  Division  of  Municipal  Statistics, .  19 

Act  of  1915  Creating  Employment  Bureau,  .  19 

Employment  Agents  Act  of  1915, .  24 

Factory  Act  of  1905,  .  29 

Fire  and  Panic  Act  of  1909, .  34 

Fire  Drill  Act  of  1911, .  36 

Foundry  Act  of  1911,  .  37 

Lead  Poisoning  Act  of  1913, .  38 

Mattress  Act  of  1913, .  42 

Moving  Picture  Acts  of  1909  and  1911, .  46 

Report  of  Accidents  Act  of  1913, .  52 

Wire-Glass  Act  of  1913, .  52 

Woman’s  Act  of  1913,  .  53 


(3) 

759580 


(4) 


BLOWER  ACT  OF  JULY  24,  1913. 

(Pamphlet.  Laws,  page  970.  No.  447.) 

AN  ACT 

To  protect  the  health  and  lives  of  employes  in  certain  occupations,  by  requiring  the 
use  of  blowers,  or  similar  apparatus,  in  connection  with  certain  kinds  of  ma¬ 
chinery,  and  specifying  the  equipment  to  be  used  in  connection  therewith;  regu¬ 
lating  the  use  of  such  blowers  and  apparatus,  and  providing  penalties  for  violation 
of  this  act. 

Section  1.  Be  it  enacted,  &c.,‘That  all  persons,  companies,  or 
corporations  operating  any  factory  or  workshop  where  emery-wheels 
or  emery-belts  of  any  description  are  used,  either  solid  emery,  leather, 
leather-covered,  felt,  canvas,  linen,  paper,  cotton,  or  wheels  or  belts 
rolled  or  coated  with  emery  or  corundum,  or  cotton-wheels  used  as 
buffs,  shall  provide  the  same  with  blowers,  or  similar  apparatus, 
which  shall  be  placed  over,  beside,  or  under  such  wheels  or  belts, 
in  such  a  manner  as  to  protect  the  person  or  persons  using  the  same 
from  the  particles  of  dust  produced  and  caused  thereby/and  to  carry 
away  the  dust  arising  from  or  thrown  off  by  such  wheels  or  belts, 
while  in  operation,  directly  to  the  outside  of  the  building,  or  to 
some  receptacle  placed  so  as  to  receive  and  confine  such  dust:  Pro¬ 
vided,  That  grinding  machines  upon  which  water  is  used  at  the  point 
of  the  grinding  contact  shall  be  exempt  from  the  provisions  of  this 
act;  and,  provided,  this  act  shall  not  apply  to  factories  or  workshops 
where  men  are  not  employed  continuously  at  such  wheels  or  belts 
more  than  three  hours  in  twenty-four  hours. 

Section  2.  It  shall  be  the  duty  of  any  person,  company,  or  cor¬ 
poration  operating  any  such  factory,  or  workshop,  to  provide  or 
construct  such  appliances,  apparatus,  machinery,  or  other  things 
necessary  to  carry  out  the  purpose  of  this  act,  as  set  forth 
in  the  preceding  section,  as  follows:  Each  and  every  wheel 
shall  be  fitted  with  a  sheet  of  case  iron,  or  hood  or  hopper,  of  such 
form,  and  so  applied  to  such  wheel  or  wheels,  that  the  dust  or  refuse 
therefrom  will  fall  from  such  wheels,  or  will  be  thrown  into  such 
hood  or  hopper  by  centrifugal  force,  and  be  carried  off  by  the  current 
of  air  into  a  suction-pipe  attached  to  same  hood  or  hopper. 

Section  3.  This  act  shall  become  operative  on  the  first  day  of 
January,  one  thousand  nine  hundred  and  fourteen. 

Section  4.  The  inspectors  of  the  Department  of  Labor  and  In¬ 
dustry  are  hereby  authorized  to  enter  and  inspect  all  factories  and 
workshops,  for  the  purpose  of  enforcing  the  provisions  of  this  act. 

Section  5.  Any  person  or  persons,  or  company,  or  managers  or 
directors  of  any  company  or  corporation,  wTho  shall  have  the  charge 
or  management  of  any  factory  or  workshop,  who  shall  fail  to  comply 
with  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  dollars  and  not  exceeding  three  hundred 
dollars. 

Section  d.  All  acts  or  parts  of  acts  inconsistent  with  the  pro¬ 
visions  of  this  act  are  hereby  repealed. 

(5) 


6 


CHILD  LABOR  ACT  OF  MAY  13,  1915. 

(Pamphlet  Laws,  page  286.  No.  177.) 

AN  ACT 

To  provide  for  the  health,  safety,  and  welfare  of  minors:  By  forbidding  their  em¬ 
ployment  or  work  in  certain  establishments  and  occupations,  and  under  certain 
specified  ages;  by  restricting  their  hours  of  labor,  and  regulating  certain  condi¬ 
tions  of  their  employment;  by  requiring  employment  certificates  for  certain  minors, 
and  prescribing  the  kinds  thereof,  and  the  rules  for  the  issuance,  reissuance, 
filing,  return,  and  recording  of  the  same;  by  providing  that  the  Industrial  Board 
shall,  under  certain  conditions,  determine  and  declare  whether  certain  occupa¬ 
tions  are  within  the  prohibitions' of  this  act;  requiring  that  certain  minors  shall, 
during  the  period  of  their  employment,  attend  certain  schools,  to  be  established 
as  therein  provided,  and  to  be  approved  by  the  State  Superintendent  of  Public 
Instruction,  and  regulating  the  conditions  of  such  attendance;  authorizing  the 
State  Board  of  Education,  in  certain  cases,  to  appoint  attendance  officers  to 
aid  in  enforcing  the  provisions  of  this  act,  and  creating  the  salary  and  expenses 
of  such  officers  a  charge  against  the  school  district  wherein  they  are  employed ; 
requiring  certain  abstracts  and  notices  to  be  posted ;  providing  for  the  enforcement 
of  this  act  by  the  Commissioner  of  Labor  and  Industry,  the  attendance  officers 
of  school  districts,  and  police  officers;  and  defining  the  procedure  in  prosecutions 
thereunder,  and  establishing  certain  presumptions  in  relation  thereto ;  providing 
penalties  for  the  violation  of  the  provisions  thereof ;  and  repealing  all  acts  or 
parts  of  acts  inconsistent  therewith. 

Section  1.  Be  it  enacted,  &c.,  That  wherever  the  term  “establish¬ 
ment”  is  used  in  this  act,  it  shall  mean  any  place  within  this  Com¬ 
monwealth  where  work  is  done  for  compensation  of  any  kind,  to 
whomever  payable:  Provided,  That  this  act  shall  not  apply  to  chil¬ 
dren  employed  on  the  farm,  or  in  domestic  service  in  private  homes. 

The  term  “person”  when  used  in  this  act,  shall  be  construed  to  in¬ 
clude  any  individual,  firm,  partnership,  unincorporated  association, 
corporation,  or  municipality. 

The  term  “week”  when  used  in  this  act,  shall  mean  any  consecutive 
seven  days. 

The  term  “minor,”  when  used  in  this  act,  shall  mean  any  person 
under  twenty-one  years  of  age.  Wherever  the  singular  is  used  in 
this  act  the  plural  shall  be  included,  and  wherever  the  masculine 
gender  is  used  the  feminine  and  neuter  shall  be  included. 

Section  2.  No  minor  under  fourteen  years  of  age  shall  be  employed 
or  permitted  to  work  in,  about,  or  in  connection  with,  any  establish¬ 
ment  or  in  any  occupation. 

Section  3.  It  shall  be  unlawful  for  any  person  to  employ  any 
minor  between  fourteen  and  sixteen  years  of  age,  unless  such  minor, 
shall,  during  the  period  of  such  employment,  attend,  for  a  period  or 
periods,  equivalent  to  not  less  than  eight  hours  each  week,  a  school 
approved  by  the  'State  Superintendent  of  Public  Instruction.  The 
school  aforesaid  may  be  conducted  in  the  establishment  where  said 
minor  is  employed,  or  in  a  public  school  building,  or  in  such  other 
place,  either  in  the  district  in  which  said  minor  is  employed  or  in 
any  joint  school  authorized  by  section  eighteen  hundred  and  one 
(180i)  of  article  eighteen  (18)  of  an  act,  approved  May  the  eigh¬ 
teenth,  nineteen  hundred  and  eleven  (1911),  entitled  “An  act  to 
establish  a  public  school  system  in  the  Commonwealth  of  Pennsyl¬ 
vania,  together  with  the  provisions  by  which  it  shall  be  administered, 
and  prescribing  penalties  for  the  violation  thereof ;  providing  revenue 
to  establish  and  maintain  the  same,  and  the  method  of  collecting 
such  revenue;  and  repealing  all  laws,  general,  special  or  local,  or  any 


7 


parts  thereof,  that  are  or  may  be  inconsistent  therewith,”  as  the 
board  of  school  directors  of  the  school  district  in  which  said  minor 
is  employed  may  designate:  Provided,  however,  That  such  school 
shall  be  within  reasonable  access  to  said  place  of  employment.  Any 
school  aforesaid  shall  be  part  of  the  public  school  system  of  the 
school  district  wherein  said  minor  is  employed,  or  of  the  school 
district  or  districts  where  said  minor  attends.  The  school  hours 
shall  not  be  on  Saturday;  nor  before  eight  o’clock  in  the  morning, 
nor  after  five  o’clock  in  the  afternoon,  of  any  other  day.  Every  per¬ 
son  who  shall  employ  any  said  minor  shall  notify  the  officer  by  whom 
the  employment  certificate,  as  hereinafter  provided  for  the  said 
minor,  shall  have  been  issued,  within  four  days  after  said  minor 
shall  have  entered  his  employment,  of  the  name  and  location  of  the 
school  at  which  said  minor  should  be  in  attendance,  and  of  the  hours 
which  said  minor  should  attend  said  school  during  the  continuance 
of  said  employment:  Provided,  That  this  section  shall  not  be  effec¬ 
tive  in  any  school  district  until  there  has  been  established,  within 
said  school  district  in  which  said  minor  is  employed,  or  within 
reasonable  access  to  said  place  of  employment  in  an  adjoining  dis¬ 
trict,  such  a  school. 

Section  4.  No  minor  under  sixteen  years  of  age  shall  be  per¬ 
mitted  to  work  in,  about,  or  in  connection  with  any  establishment, 
or  in  any  occupation,  for  more  than  fifty-one  hours  in  any  one  week, 
or  more  than  nine  hours  in  any  one  day,  or  before  six  o’clock  in  the 
morning,  or  after  eight  o’clock  in  the  evening,  of  any  day.  In  com¬ 
puting  the  maximum  number  of  hours  per  day  or  per  week  permitted 
under  this  act,  the  hours  spent  in  school  by  said  minor  shall  be  con¬ 
sidered  as  part  of  the  working  day  or  working  week. 

Section  5.  No  minor  under  sixteen  years  of  age  shall  be  employed 
or  permitted  to  work  in  operating  or  assisting  in  operating  any  of 
the  following  machines,  which,  for  the  purposes  of  this  act,  are  con¬ 
sidered  dangerous:  Paper-lace  machines,  job  or  cylinder  printing 
presses  operated  by  other  than  foot-power;  stamping  machines  used 
in  sheet  metal  and  tinware  or  in  paper  or  leather  manufacturing,  or 
in  washer  and  nut  factories;  metal  or  paper  cutting  machines;  cor¬ 
rugating  rolls,  such  as  are  used  in  making  corrugated  paper,  or  in 
roofing  or  washboard  factories;  dough-brakes,  or  cracker  machinery 
of  any  description;  wire  or  iron  straightening  or  drawing  machin¬ 
ery;  rolling-mill  machinery;  power  punches  or  shears;  washing  or 
grinding  or  mixing  machinery;  calendar-rolls  in  paper  and  rubber 
manufacturing,  or  other  heavy  rolls  driven  by  power;  laundering 
machinery;  upon  or  in  connection  with  any  dangerous  electrical 
machinery  or  appliances.  Nor  shall  any  minor  under  sixteen  years 
of  age  be  employed  or  permitted  to  work,  in  any  capacity,  in  adjust¬ 
ing  or  assisting  in  adjusting  any  belt  to  any  machinery,  or 
in  proximity  to  any  hazardous  or  unguarded  belts,  machin¬ 
ery,  or  gearing,  while  the  same  is  in  motion;  nor  on  scaffolding; 
nor  in  heavy  work  in  the  building  trades;  '  nor  in  stripping, 
assorting,  or  manufacturing  tobacco;  nor  in  any  tunnel;  nor  in  a 
public  bowling-alley;  nor  in  a  pool  or  billiard-room;  nor  in  the  manu¬ 
facture  of  paints,  colors,  or  white-lead;  nor  in  any  capacity  in  pre¬ 
paring  compositions  in  which  dangerous  leads  or  acids  are  used; 
nor  in  the  manufacture  or  use  of  dangerous  or  poisonous  dyes;  nor 
upon  any  railroad,  steam,  electric  or  otherwise;  nor  upon  any  boat 


8 


engaged  in  the  transportation  of  passengers  or  merchandise;  nor  in 
operating  motor-vehicles  of  any  description;  nor  in  any  anthracite 
or  bituminous  coal-mine,  or  in  any  other  mine;  nor  about  blast¬ 
furnaces;  nor  in  or  about  any  distillery,  brewery,  or  any  establish¬ 
ment  where  alcoholic  liquors  are  manufactured  or  bottled. 

No  minor  under  eighteen  years  of  age  shall  be  employed  or  per¬ 
mitted  to  work  in  the  operation  or  management  of  hoisting  ma¬ 
chines,  in  oiling  or  cleaning  machinery,  in  motion;  in  the  operation 
or  use  of  any  polishing-  or  buffing-wheel;  at  switch-tending,  at  gate¬ 
tending,  at  track-repairing;  as  a  brakeman,  fireman,  engineer,  or 
motorman  or  conductor,  upon  a  railroad  or  railway;  as  a  pilot, 
fireman,  or  engineer  upon  any  boat  or  vessel  ;  in  or  about  establish¬ 
ments  wherein  gunpowder,  nitro-glycerine,  dynamite,  or  other  high 
or  dangerous  explosive,  is  manufactured  or  compounded;  as  a  chauf¬ 
feur  of  an  automobile  or  an  aeroplane. 

No  minor  shall  be  employed  or  permitted  to  work  in,  or  in  con¬ 
nection  with,  any  saloon  or  bar-room  where  alcoholic  liquors  are 
sold. 

In  addition  to  the  foregoing,  it  shall  be  unlawful  for  any  minor 
under  eighteen  years  of  age  to  be  employed  or  permitted  to  work  in 
any  other  occupation  dangerous  to  the  life  or  limb,  or  injurious  to 
the  health  or  morals,  of  the  said  minor,  as  such  occupations  shall, 
from  time  to  time,  after  public  hearing  thereon,  be  determined  and 
declared  by  the  Industrial  Board  of  the  Department  of  Labor  and 
Industry:  Provided,  That  if  it  should  be  hereafter  held  by  the  courts 
o^  this  Commonwealth  that  the  power  herein  sought  to  be  granted 
to  the  said  board  is  for  any  reason  invalid,  such  holding  shall  not 
be  taken  in  any  case  to  affect  or  impair  the  remaining  provisions  of 
this  section. 

Section  6.  No  minor  shall  be  permitted  to  work  as  messenger  for 
a  telephone,  telegraph,  or  messenger  company,  in  the  distribution, 
collection,  transmission,  or  delivery  of  goods  or  messages,  before 
six  o’clock  in  the  morning  or  after  eight  o’clock  in  the  evening  of 
any  day. 

Section  7.  No  male  minor  under  twelve  years  of  age,  and  no  fe¬ 
male  minor,  shall  distribute,  sell,  expose,  or  offer  for  sale  any  news¬ 
paper,  magazine,  periodical,  or  other  publication,  or  any  article  of 
merchandise  of  any  sort,  in  any  street  or  public  place.  No  male 
minor  under  fourteen  years  of  age,  and  no  female  minor,  shall  be 
suffered,  employed,  or  permitted  to  work  at  any  time  as  a  scavenger, 
bootblack,  or  in  any  other  trade  or  occupation  performed  in  any 
street  or  public  place.  No  male  minor  under  sixteen  years  of  age, 
and  no  female  minor,  shall  engage  in  any  occupation  mentioned  in 
this  section  before  six  o’clock  in  the  morning,  or  after  eight  o’clock 
in  the  evening,  of  any  day. 

Section  8.  Before  any  minor  under  sixteen  years  of  age  shall  be 
emnloyed,  permitted,  or  suffered  to  work  in,  about,  or  in  connection 
with,  any  establishment,  or  in  any  occupation,  the  person  employ¬ 
ing  such  minor  shall  procure  and  keep  on  file,  and  accessible  to  any 
attendance  officer,  deputy  factory  inspector,  or  other  authorized 
inspector  or  officer  charged  with  the  enforcement  of  this  act,  an 
employment  certificate  as  hereinafter  provided,  issued  for  said 
minor. 


9 


Section  9.  Employment  certificates  shall  be  issued  only  by  the 
following  officials,  for  children  residing  within  their  respective  pub¬ 
lic  school  districts:  In  public  school  districts  having  a  district  su¬ 
perintendent  or  supervising  principal,  by  such  superintendent  or 
supervising  principal;  in  school  districts  having  no  district  super¬ 
intendent  or  supervising  principal,  by  the  secretary  of  the  board  of 
school  directors  of  that  district:  Provided,  That  any  district  super¬ 
intendent,  supervising  principal,  or  secretary  of  the  board  of  school 
directors,  .hereby  authorized  to  issue  such  certificates,  may  authorize 
and  deputize,  in  writing,  any  other  schooj.  official  to  act  in  his  stead 
for  the  purpose  of  issuing  such  certificates.  All  employment  cer¬ 
tificates  shall  be  forwarded  by  mail,  by  the  issuing  officer  to  the  pro¬ 
spective  employer  of  the  minor  for  whom  the  employment  certifi¬ 
cate  is  issued. 

Section  10.  Application  for  the  employment  certificate  must  be 
made,  in  person,  by  the  parent,  guardian,  or  legal  custodian  of  the 
minor  for  whom  such  employment  certificate  is  requested;  or,  if 
said  minor  have  no  parent,  guardian,  or  legal  custodian,  then  by  the 
next  friend,  who  must  be  over  twenty-one  years  of  age;  and  no  em¬ 
ployment  certificate  shall  be  issued  until  the  said  minor  has  per¬ 
sonally  appeared  before,  and  been  examined  by,  the  officer  issuing 
the  certificate. 

Section  11.  Employment  certificates  shall  be  of  two  classes, — 
general  employment  certificates  and  vacation  employment  certifi¬ 
cates.  General  employment  certificates  shall  entitle  the  minor, 
fourteen  to  sixteen  years  of  age,  to  work  during  the  entire  year. 
Vacation  employment  certificates  shall  entitle  the  minor,  fourteen 
to  sixteen  years  of  age,  to  work  on  any  day,  except  on  such  days  as 
such  minor  is  required  to  attend  school,  under  the  provisions  of  the 
laws  now  in  force  or  hereafter  enacted. 

Section  12.  The  official  authorized  to  issue  a  general  employment 
certificate  shall  not  issue  such  certificate  until  he  has  received,  ex¬ 
amined,  approved,  and  filed  the  following  papers,  namely:  — 

a.  A  statement  signed  by  the  prospective  employer,  or  by  some 
one  duly  authorized  on  his  behalf,  stating  that  he  expects  to  give 
such  minor  present  employment,  and  setting  forth  the  character  of 
the  same,  and  the  number  of  hours  per  day  and  per  week  which  said 
minor  will  be  employed; 

b.  A  school  record,  as  hereinafter  provided; 

c.  A  certificate  of  physical  fitness,  as  hereinafter  provided; 

d.  Proof  of  age,  as  hereinafter  provided. 

Section  13.  For  the  issuance  of  a  general  employment  certificate, 
the  school  record  required  by  this  act  shall  be  filled  out  and  signed 
by  the  principal  of  the  school  which  the  minor  has  last  attended,  or 
by  some  one  duly  authorized  by  him,  and  shall  be  furnished  to  any 
minor  who  may  be  entitled  thereto.  It  shall  certify  that  the  said 
minor  has  completed  a  course  of  study  equivalent  to  six  yearly 
grades  of  the  public  school,  in  the  English  language,  spelling,  read¬ 
ing,  arithmetic,  geography,  and  history  of  the  United  States.  Such 
school  record  shall  also  give  the  full  name,  date  of  birth,  and  resi¬ 
dence  of  minor,  and  the  name  and  residence  of  the  parent,  guardian, 
or  custodian,  as  shown  in  the  records  of  the  school. 


10 


Section  14.  The  certificate  of  physical  fitness  required  by  this 
act  shall  be  signed  by  a  physician,  approved  by  the  board  of  school 
directors  of  the  school  district  in  which  said  minor  resides,  and 
shall  state  that  the  said  minor  has  been  thoroughly  examined  by 
the  said  physician  at  the  time  of  the  application  for  an  employ¬ 
ment  certificate,  and  is  physically  qualified  for  the  employment 
specified  in  the  statement  of  the  prospective  employer.  In  any  case 
where  the  said  physician  shall  deem  it  advisable,  he  may  issue  a 
certificate  of  physical  fitness  for  a  limited  time;  at  the  expiration 
of  which  time  the  holder  shall  again  appear,  and  submit  to  a  new 
examination,  before  being  permitted  to  continue  at  work. 

Section  15.  The  evidence  of  age  required  by  section  twelve  of  this 
act  shall  consist  of  one  of  the  following  proofs  of  age,  which  shall 
be  required  in  the  order  herein  designated: — 

a.  A  duly  attested  transcription  of  the  birth  certificate,  filed 
according  to  law  with  a  registrar  of  vital  statistics,  or  other  officer 
charged  with  the  duty  of  recording  birth;  or, 

b.  A  baptismal  certificate  or  transcript  of  the  record  of  baptism, 
duly  certified,  and  showing  the  date  of  birth ;  or, 

c.  A  passport  showing  the  age  of  the  immigrant;  or, 

d.  In  case  none  of  the  aforesaid  proofs  of  age  shall  be  obtainable, 
and  only  in  such  case,  the  issuing  officer  may  accept,  in  lieu  thereof, 
any  other  documenetary  record  of  age  (other  than  a  school  record 
or  an  affidavit  of  age),  or  transcript  thereof,  duly  certified,  which 
shall  appear  to  the  satisfaction  of  the  issuing  officer  to  be  good  and 
sufficient  evidence  of  age;  or, 

e.  In  case  none  of  the  aforesaid  proofs  of  age  shall  be  obtain¬ 
able,  and  only  in  such  case,  the  issuing  officer  may  accept,  in  lieu 
thereof,  the  signed  statement  of  the  physician,  approved  by  the 
board  of  school  directors,  stating  that,  after  examination,  it  is  the 
opinion  of  such  physician  that  the  minor  has  attained  the  age  re¬ 
quired  by  law  for  the  occupation  in  which  he  expects  to  engage. 
Such  statement  shall  be  accompanied  by  an  affidavit,  signed  by  the 
minor’s  parent,  guardian,  or  custodian,  or,  in  case  he  shall  have  no 
parent,  guardian,  or  custodian,  by  his  next  friend,  certifying  to  the 
name,  date,  and  place  of  birth  of  the  minor,  and  that  the  parent, 
guardian,  custodian,  or  next  friend,  signing  such  statement,  is  un¬ 
able  to  produce  any  of  the  proofs  of  age  specified  in  the  preceeding 
subdivisions  of  this  section. 

Section  16.  The  official  authorized  to  issue  a  vacation  employ¬ 
ment  certificate  shall  not  issue  such  certificate  until  he  shall  have 
received  and  filed  the  following  papers,  duly  executed,  namely: — 

a.  A  statement  signed  by  the  prospective  employer,  or  by  some¬ 
one  duly  authorized  on  his  behalf,  stating  that  he  expects  to  give 
such  minor  .present  employment,  and  setting  forth  the  character  of 
the  same,  and  the  number  of  hours  per  day  and  per  week  which  said 
minor  will  be  employed; 

b.  A  certificate  of  physical  fitness,  as  provided  in  section  four¬ 
teen  of  this  act; 

c.  Evidence  of  age,  showing  that  the  said  minor  is  fourteen 
years  of  age  or  upwards,  which  evidence  of  age  shall  be  of  similar 
character  to  the  evidence  heretofore  specified  in  section  fifteen  of 
this  act. 


11 


Section  17.  It  shall  be  the  duty  of  every  person  who  shall  employ 
any  minor  under  sixteen  years  of  age  to  acknowledge,  in  writing, 
to  the  official  is.suing  the  same,  the  receipt  of  the  employment  certi¬ 
ficate  of  said  minor,  within  three  days  after  the  beginning  of  such 
employment.  On  termination  of  the  employment  of  a  minor  under 
sixteen  years  of  age,  the  employment  certificate  issued  for  such 
minor  shall  be  returned  by  mail,  by  the  employer,  to  the  official 
issuing  the  same,  immediately  upon  demand  of  the  minor  for  whom 
the  certificate  was  issued,  or,  otherwise,  within  three  days  after 
termination  of  said  employment.  The  official  to  whom  said  certifi¬ 
cate  is  so  returned  shall  file  said  certificate  and  preserve  the  same. 
Any  minor  whose  employment  certificate  has  been  returned,  as 
above  provided,  shall  be  entitled  to  a  new  employment  certificate 
upon  presentation  of  a  statement  from  the  prospective  employer, 
as  hereinabove  provided,  accompanied  by  a  certificate  of  physical 
fitness,  issued  in  the  manner  hereinabove  provided  and  based  upon 
a  re-examination  of  said  minor,  and  certifying  that  the  minor  is 
physically  able  to  undertake  the  work  for  which  the  new  employ¬ 
ment  certificate  is  to  be  issued. 

Section  18.  All  employment  certificates  shall  be  issued  on  forms 
supplied  by  the  State  Superintendent  of  Public  Instruction,  and 
shall  contain  the  name  and  address  of  the  prospective  employer,  and 
the  nature  of  the  occupation  in  which  said  minor  is  expected  to  en¬ 
gage;  and  no  certificate  shall  be  valid  excepting  in  the  hands  of  the 
employer  so  named,  and  for  the  occupations  so  designated;  and  shall 
state  the  name,  sex,  date,  and  place  of  birth,  place  of  residence,  color 
of  hair  and  eyes,  and  any  distinguishing  physical  characteristics 
of  the  minor  for  whom  it  shall  be  issued.  It  shall  certify  that  the 
minor  named  has  personally  appeared  before  the  issuing  officer,  and 
has  been  examined;  and  that  all  the  papers  required  by  law  have 
been  duly  examined,  approved  and  filed;  and  that  all  the  conditions 
and  requirements  for  issuing  an  employment  certificate  have  been 
fulfilled.  Every  certificate  shall  be  signed,  in  the  presence  of  the 
issuing  officer,  by  the  minor  for  whom  it  shall  be  issued.  The  certi¬ 
ficate  shall  bear  a  number,  shall  show  the  date  of  its  issue,  and  shall 
be  signed  by  the  issuing  officer.  Vacation  employment  certificates 
shall  be  of  a  color  different  from  the  general  employment  certifi¬ 
cates,  and  shall  bear  across  their  face  the  legend  “Vacation  Employ¬ 
ment  Certificate.” 

Section  19.  Whenever  a  certificate  shall  be  refused  to  any  minor, 
the  school  record  issued  to  such  minor  shall  be  forwarded,  by  the 
official  refusing  to  issue  the  certificate,  to  the  principal  of  the 
school  which  said  minor  shall  attend,  or  to  the  compulsory  attend¬ 
ance  officer. 

Section  20.  Whenever  the  State  Superintendent  of  Public  In¬ 
struction  cannot  secure  effective  enforcement  of  the  foregoing  pro¬ 
visions  of  this  act,  in  any  school  district,  he  is  hereby  authorized 
and  required  to  report  that  fact  to  the  State  Board  of  Education. 
Tn  such  case  the  State  Board  of  Education  is  authorized  and  required 
to  secure  such  enforcement  by  appointing  attendance  officers  in  such 
districts.  The  salary  and  expenses  of  such  attendance  officers  shall 
be  a  charge  against  said  district  where  said  attendance  officers  are 
actually  employed,  and  shall  be  deducted  from  any  State  moneys 
appropriated  to  said  district  for  school  purposes. 


12 


Section  21,  It  shall  be  the  duty  of  every  person  who  shall  em¬ 
ploy  any  minor,  under  the  age  of  sixteen  years,  to  post  and  keep 
posted,  in  a  conspicuous  place  in  every  establishment  wherein  said 
minor  is  employed,  permitted  or  suffered  to  work,  a  printed  copy  of 
the  sections  of  this  act  relating  to  the  hours  of  labor,  and  a  list  or 
lists  of  all  minors  employed  under  the  age  of  sixteen  years.  Such 
copies  of  the  sections  of  this  act  and  blanks  for  compliance  with  the 
provisions  shall  be  prepared  by  the  Department  of  Labor  and  In¬ 
dustry,  and  be  furnished  by  it  on  application  of  such  employer. 
Every  person  employing  minors  under  sixteen  years  of  age  shall 
furnish  the  employment  certificates  and  lists,  provided  for  in  this  act, 
for  inspection,  to  attendance  officers,  factory  inspectors,  or  other 
authorized  inspectors  or  officers  charged  with  the  enforcement  of 
this  act. 

Section  22.  Whenever  any  minor  shall  be  employed  or  permitted 
to  work  in  any  establishment  or  at  any  occupation,  who,  in  the 
judgment  of  any  officer  charged  with  the  enforcement  of  this  act,  is 
under  the  legal  age  for  such  work,  or  is  working  at  a  time  forebid- 
den  by  law  for  such  minor;  or  whenever  any  minor  shall  be  em¬ 
ployed  or  permitted  to  work  in,  or  in  connection  with,  any  establish¬ 
ment,  who,  in  the  judgment  of  any  officer  charged  with  the  enforce¬ 
ment  of  this  act,  is  under  sixteen  years  of  age,  and  for  whom  the 
person  employing  or  permitting  such  minor  to  work  shall  not  have 
on  file  an  employment  certificate;  such  officer  may  demand  from  the 
person  employing  or  permitting  such  minor  to  work  that  he  shall 
either  furnish  to  such  officer,  within  ten  days,  evidence  of  age,  as 
defined  in  section  fifteen  of  this  act,  that  such  minor  is  in  fact  of 
legal  age  for  the  work  in  which  he  is  engaged,  or  over,  or  sixteen 
years  of  age  or  over,  as  the  case  shall  be,  or  shall  cease  to  employ 
or  permit  such  minor  to  work  as  aforesaid:  Provided,  That  such 
person,  by  thus  ceasing  to  employ  or  permit  such  minor  to  work, 
shall  not  be  relieved  from  any  of  the  fines  or  penalties  provided  in 
this  act  for  the  employment  or  work  of  a  minor  contrary  to  law. 

In  case  such  person  shall  fail  to  furnish  to  said  officer,  within  ten 
days  after  the  making  of  such  demand,  the  required  evidence  of  age, 
and  shall  thereafter  employ  such  minor  or  permit  him  to  work  as 
aforesaid,  proof  of  the  making  of  such  demand  and  of  failure  to  pro¬ 
duce  the  evidence  required  shall  be  prima  facie  evidence  of  the  illegal 
employment  of  such  minor,  in  any  prosecution  brought  therefor. 

Section  23.  Any  person,  or  any  agent  or  manager  for  any  person, 
who  shall  violate  any  of  the  provisions  of  this  act,  or  who  shall 
compel  or  permit  any  minor  to  violate  any  of  the  provisions  of  this 
act,  or  who  shall  hinder  or  delay  any  officer  in  the  performance  of 
duty  in  the  enforcement  of  this  act,  shall,  upon  conviction  thereof, 
be  sentenced  to  pay  a  fine  of  not  less  than  ten  ($10.00)  dollars  nor 
more  than  two  hundred  ($200.00)  dollars,  or  to  undergo  an  im¬ 
prisonment  of  not  more  than  ten  days,  or  both,  at  the  discretion 
of  the  court. 

Section  24.  It  shall  be  the  duty  of  the  Commissioner  of  Labor 
and  Industry,  the  attendance  officers  of  the  various  school  districts, 
and  the  police  of  the  various  cities,  boroughs,  and  townships  of  this 
Commonwealth,  to  enforce  the  provisions  of  this  act.  Prosecutions  ( 
for  violations  of  this  act  may  be  instituted  by  any  factory  inspector, 


13 


attendance  officer,  or  police  officer,  upon  oath,  or  affirmation.  All 
prosecutions  for  violations  of  this  act  shall  be  in  the  form  of  a  sum¬ 
mary  criminal’  proceedings,  instituted  before  a  magistrate,  aider- 
man,  or  justice  of  the  peace  within  a  school  district  wherein  the 
offense  was  committed.  Upon  conviction,  after  a  hearing,  the  sen¬ 
tences  provided  in  this  act  shall  be  imposed.  All  fines  collected 
under  this  act  shall  be  paid  into  the  State  Treasury,  for  the  use  of 
the  Commonwealth. 

Section  25.  All  acts  or  parts  of  acts  inconsistent  herewith  be, 
and  the  same  are  hereby,  repealed. 

Section  26.  This  act  shall  take  effect  on  the  first  day  of  January, 
Anno  Domini  nineteen  hundred  and  sixteen  (1916). 


DEPARTMENT  OF  LABOR  AND  INDUSTRY 
GENERAL  DEPARTMENT  ACT  OF  JUNE  2,  1913. 
ADMINISTRATIVE  DETAILS  OMITTED 


(Pamphlet  Laws,  page  396.  No.  267.) 

AN  ACT 

Creating  a  Department  of  Labor  and  Industry ;  defining  its  powers  and  duties ; 
establishing  an  Industrial  Board ;  providing  for  the  appointment  of  a  Commis¬ 
sioner  of  Labor,  inspectors,  statisticians,  clerks,  and  others  to  enforce  the  pro¬ 
visions  of  this  act,  and  providing  salaries  for  the  same ;  prescribing  a  standard  of 
reasonable  and  adequate  protection  to  be  observed  in  the  rooms,  buildings,  and 
places  where  labor  is  employed;  empowering  the  said  Industrial  Board  to  make, 
alter,  amend,  and  repeal  rules  and  regulations  relating  thereto;  transferring  the 
powers  and  duties  of  the  Department  of  Factory  Inspection  to  the  Department 
of  Labor  and  Industry,  and  abolishing  the  Department  of  Factory  Inspection; 
and  providing  a  penalty  for  the  violation  of  the  provisions  of  this  act,  or  the 
rules  and  regulations  of  the  said  board. 

Section  1.  Be  it  enacted,  &c.,  That  there  is  hereby  established  a 
Department  of  Labor  and  Industry,  the  head  of  which  shall  be  a 
Commissioner  of  Labor  and  Industry,  who  shall  be  appointed  by 
the  Governer,  by  and  with  the  consent  of  the  Senate,  and  who  shall 
hold  office  for  the  term  of  four  years  from  the  date  of  his  appoint¬ 
ment,  and  who  .  .  .  shall  appoint,  and  may  at  pleasure  remove,  all 
officers,  clerks,  and  other  employes  of  the  Department  of  Labor  and 
Industry,  except  as  herein  otherwise  provided. 

Section  2.  The  Commissioner  of  Labor  and  Industry  shall  forth¬ 
with  appoint,  upon  entering  upon  the  duties  of  his  office,  one  Chief 
Inspector  of  the  Department  of  Labor  and  Industry,  .  .  .  who 

shall,  during  the  absence  or  disability  of  the  Commissioner  of  La¬ 
bor  and  Industry,  possess  all  the  powers  and  perform  all  the  duties 
of  the  said  commissioner,  except  the  power  to  make  appointments, 
and  who,  in  addition  to  his  duties  prescribed  by  this  act,  shall  per¬ 
form  such  other  duties  and  possess  such  other  powers  as  the  Com¬ 
missioner  of  Labor  and  Industry  shall  prescribe. 

Section  3 — omitted. 

Section  4.  The  Department  of  Labor  and  Industry  shall  be 
divided  into  three  bureaus,  as  follows: — 

1.  Bureau  of  Inspection; 

2.  Bureau  of  Statistics  and  Information; 

3.  Bureau  of  Arbitration, — 


14 


together  with  such  other  bureaus  as  the  Commissioner  of  Labor  and 
Industry  may  deem  necessary,  and  shall,  with  the  consent  of  the 
Governor,  from  time  to  time,  establish. 

[See  also  Act  of  June  4,  1915,  hereafter,  creating  Bureau  of  Em¬ 
ployment.] 

Section  5.  The  Commissioner  of  Labor  and  Industry  shall  es¬ 
tablish  and  maintain  branch  offices  in  the  cities  of  Philadelphia  and 
Pittsburgh,  and  in  such  other  cities  of  the  Commonwealth  as  he 
may  deem  advisable.  Such  branch  offices  shall,  subject  to  the  super¬ 
vision  and  direction  of  the  Commissioner  of  Labor  and  Industry, 
be  in  immediate  charge  of  such  officers  or  employes  as  the  said  Com¬ 
missioner  may  designate;  and  the  reasonable  and  necessary  expenses 
of  such  officers  shall  be  paid  as  are  the  other  expenses  of  the  Depart¬ 
ment  of  Labor  and  Industry. 

Sections  6  and  7 — omitted. 

Section  8.  The  Commissioner  of  Labor  and  Industry  shall,  from 
time  to  time,  divide  the  State  into  districts ;  and  shall  assign  to  such 
districts  such  inspectors  and  supervising  inspectors  as  may,  in  his 
judgment,  appear  expedient;  and  shall,  from  time  to  time,  assign 
and  transfer  such  inspectors  from  one  district  to  any  other  district, 
or  to  special  duty  in  any  bureau  of  the  said  department;  and  may 
assign  an  inspector  to  inspect  any  special  class  of  factories  or  es¬ 
tablishments,  and  may  assign  one  or  more  of  them  to  act  as  clerks 
in  any  office  of  the  department. 

The  Commissioner  of  Labor  and  Industry  shall  visit  and  inspect, 
or  cause  to  be  visited  and  inspected,  during  reasonable  hours  and  as 
often  as  practicable,  every  room,  building,  or  place,  where  and  when 
any  labor  is  being  performed  which  is  affected  by  the  provisions  of 
any  law  of  this  Commonwealth  or  of  this  act,  and  shall  cause  to  be 
enforced  therein  the  provisions  of  all  such  existing  laws  and  of  this 
act,  and  the  rules  and  regulations  of  the  Industrial  Board  herein¬ 
after  provided  for. 

The  Commissioner  of  Labor  and  Industry  and  all  inspectors  may, 
in  the  discharge  of  their  duties,  enter  any  such  place,  building,  or 
room,  whenever  they  have  reasonable  cause  to  believe  that  any  such 
labor  is  being  or  will  be  performed  therein. 

Section  9.  The  inspectors  of  the  third  grade  shall,  together  with 
the  Chief  Medical  Inspector,  hereinabove  provided  for,  inspect  all 
rooms,  buildings,  and  other  places  subject  to  the  provisions  of  this 
act,  throughout  the  State,  with  respect  to  the  conditions  of  work 
affecting  the  health  of  persons  employed  therein,  and  shall  perform 
such  other  duties  and  render  such  other  service  as  the  Commis¬ 
sioner  of  Labor  and  Industry  shall  direct. 

Section  10.  The  inspectors  of  the  fourth  grade  shall  constitute  a 
division  of  industrial  hygiene,  which  shall  be  under  the  immediate 
charge  of  the  Commissioner  of  Labor  and  Industry.  The  members 
of  the  division  of  industrial  hygiene  shall  make  special  inspections 
of  factories  and  mercantile  establishments,  and  all  rooms,  buildings 
or  other  places  subject  to  the  provisions  of  this  act;  and  shall  con¬ 
duct  special  investigations,  throughout  the  Commonwealth  of  Penn¬ 
sylvania,  relative  to  industrial  processes  and  conditions.  The  mem¬ 
bers  of  such  division  shall  prepare  material  for  leaflets  and  bulle- 


15 


tins,  calling  attention  to  dangers  in  particular  industries  and  the 
precautions  to  be  observed  to  avoid  them,  and  shall  perform  such 
other  duties  and  render  such  other  services  as  may  be  required  by 
the  Commissioner  of  Labor  and  Industry.  Each  member  of  said 
division  shall  make  an  annual  report  to  the  Commissioner  of  Labor 
and  Industry,  which  shall  be  transmitted  to  the  Legislature  as  part 
of  the  annual  report  of  said  Commissioner. 


Bureau  of  Statistics  and  Information. 

Section  11.  It  shall  be  the  duty  of  said  bureau  to  keep  in  touch  with 
labor  in  the  Commonwealth,  especially  in  relation  to  commercial,  in¬ 
dustrial,  physical,  educational,  social,  moral,  and  sanitary  conditions 
of  wage-earners  of  the  Commonwealth,  and  to  the  productive  indus¬ 
tries  thereof;  also,  to  collect,  assort,  publish,  and  systematize  the 
details  and  general  information  regarding  industrial  accidents  and 
occupational  diseases,  their  causes  and  effects,  and  the  methods  of 
preventing  and  remedying  the  same,  and  of  providing  compensation 
therefor;  also,  to  make  inquiry  and  investigation  into  the  condition^ 
welfare,  and  industrial  opportunities  of  all  aliens  arriving  and  being 
within  the  State,  and  to  gather  information  with  respect  to  the 
supply  of  labor  afforded  by  such  aliens,  and  ascertain  the  occupa¬ 
tions  for  which  such  aliens  may  be  best  adapted,  and  to  bring  about 
communication  between  the  aliens  and  the  several  industries  re¬ 
quiring  labor;  and  to  collect,  assort,  and  publish  statistical  details 
and  general  information  relative  thereto. 

The  chief,  or  duly  authorized  deputy,  shall  have  power  to  issue 
subpoenas,  administer  oaths,  and  take  testimony  in  all  matters  re¬ 
lating  to  the  duties  herein  required  of  said  bureau.  Any  corpora¬ 
tion,  firm,  or  individual  doing  business  within  the  Commonwealth, 
who  shall  neglect  or  refuse  for  thirty  days  to  answer  questions  by 
circular  or  upon  personal  application,  or  who  shall  refuse  to  obey 
the  subpoena  and  give  testimony  according  to  the  provisions  of  this 
act,  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to  be  col¬ 
lected  by  order  of  the  Commissioner  of  Statistics  in  an  action  of 
debt,  in  which  the  Commonwealth  of  Pennsylvania  shall  be  plaintiff. 
This  bureau  shall  also  be  required  to  collect,  compile,  and  publish 
annually,  the  productive  statistics  of  manufacturing,  commercial, 
and  other  business  interests  of  the  State. 

[See  also  Act  of  June  1,  1915,  hereafter,  creating  Division  of  Mu¬ 
nicipal  Statistics]. 


Industrial  Board. 

Section  12.  There  is  hereby  created  and  established  in  the  De¬ 
partment  of  Labor  and  Industry  an  Industrial  Board,  to  consist  of 
the  Commissioner  of  Labor  and  Industry,  and  four  additional  mem¬ 
bers,  to  be  appointed  by  the  Governor,  by  and  with  the  consent  of 
the  Senate, — one  of  whom  shall  be  an  employer  of  labor,  one  a 
wage-earner,  and  one  a  woman.  The  said  additional  members  shall 
be  designated  by  the  Governor  to  serve  until  the  first  day  of  Janu¬ 
ary  in  the  years  one  thousand  nine  hundred  and  fifteen,  one  thou¬ 
sand  nine  hundred  and  sixteen,  one  thousand  nine  hundred  and 


16 


seventeen,  and  one  thousand  nine  hundred  and  eighteen,  respec¬ 
tively.  Upon  the  expiration  of  each  of  the  said  terms,  the  term  of 
office  of  each  associate  member  thereafter  appointed  shall  be  four 
years,  from  the  first  of  January.  The  Commissioner  of  Labor 
and  Industry  shall  be  the  chairman  of  the  said  board.  Vacancies 
shall  be  filled  by  appointment,  for  an  unexpired  term,  in  the  same 
manner  as  provided  for  the  appointments  of  the  previous  holders  of 
the  office  in  which  said  vacancy  occurs. 

The  Commissioner  of  Labor  and  Industry  shall  receive  no  addi¬ 
tional  compensation  for  services  as  member  of  the  said  board.  .  .  . 

The  board  shall  appoint,  and  may  remove,  a  secretary,  who  shall 
receive  a  salary  to  be  fixed  by  the  board.  The  Commissioner  of  La¬ 
bor  and  Industry  shall  detail,  from  time  to  time,  to  the  assistance 
of  said  board,  such  employes  of  the  Department  of  Labor  and  In¬ 
dustry  as  the  board  may  require.  In  aid  of  its  work,  and  said 
board  is  empowered  to  employ  experts  for  special  and  occasional 
services.  The  counsel  to  the  Department  of  Labor  and  Industry 
shall  act  as  counsel  to  the  board,  without  additional  compensation. 

The  board  shall  hold  stated  meetings,  which  shall  be  open  to  the 
public,  at  least  once  a  month  during  the  year,  and  shall  hold  other 
meetings  at  such  times  and  places  as  may  be  necessary.  Such  meet¬ 
ings  shall  be  called  by  the  chairman  or  majority  of  the  board.  The 
board  shall  keep  minutes  of  its  proceedings,  showing  the  vote  of 
each  member  upon  every  question,  and  records  of  its  examination 
and  other  official  action. 

Section  13.  The  Industrial  Board  shall  have  the  power  to  make 
investigations  concerning,  and  report  upon,  all  matters  touching 
the  enforcement  and  effect  of  the  provisions  of  all  laws  of  the  Com¬ 
monwealth,  the  enforcement  of  which  shall  now  and  hereafter  be 
imposed  upon  the  Department  of  Labor  and  Industry,  and  the  rules 
and  regulations  made  by  the  Industrial  Board  in  connection  there¬ 
with;  and  to  subpoena  and  require  the  attendance  in  this  Common¬ 
wealth  of  all  witnesses,  and  the  production  of  books  and  papers 
pertinent  to  the  said  investigation,  and  to  examine  them  and  such 
public  records  as  it  may  require  in  relation  to  any  matter  which  it 
has  power  to  investigate.  Any  witness  who  refuses  to  obey  a  sub¬ 
poena  of  the  said  board,  as  hereinabove  provided  for,  or  who,  re¬ 
fuses  to  be  sworn  or  to  testify,  or  who  fails  or  refuses  to  produce 
any  books,  papers,  or  documents  touching  any  matter  under  investi¬ 
gation  or  examination  by  the  said  board,  or  who  is  guilty  of  any 
contempt  after  being  summoned  to  appear  before  the  said  board  as 
above  provided,  may  be  punished  as  for  contempt  of  court;  and, 
for  this  purpose,  application  may  be  made  to  any  court  within 
whose  territorial  jurisdiction  the  said  contempt  took  place,  and  for 
which  purpose  the  courts  of  the  common  pleas  of  this  Common¬ 
wealth  are  hereby  given  jurisdiction.  In  the  course  of  such  investi¬ 
gation  each  member  of  said  board  shall  have  power  to  administer 
oaths.  Each  member  shall  have  the  further  power  to  make  personal 
investigations  of  all  establishments  in  this  Commonwealth  where 
labor  is  employed. 

Section  14.  All  rooms,  buildings,  and  places  in  this  Common¬ 
wealth  where  labor  is  employed,  or  shall  hereafter  be  employed, 
shall  be  so  constructed,  equipped,  and  arranged,  operated  and  con- 


17 


ducted,  in  all  respects,  as  to  provide  reasonable  and  adequate  pro¬ 
tection  for  the  life,  health,  safety,  and  morals  of  all  persons  em¬ 
ployed  therein.  For  the  carrying  into  effect  of  this  provision,  and 
the  provisions  of  all  the  laws  of  this  Commonwealth,  the  enforce¬ 
ment  of  which  is  now  or  shall  hereafter  be  entrusted  to  or  imposed 
upon  the  Commissioner  or  Department  of  Labor  and  Industry,  the 
Industrial  Board  shall  have  power  to  make,  alter,  amend,  and  re¬ 
peal  general  rules  and  regulations  necessary  for  applying  such  pro¬ 
visions  to  specific  conditions,  and  to  prescribe  means,  methods,  and 
practices  to  carry  into  effect  and  enforce  such  provisions. 

Section  15.  The  rules  and  regulations  of  the  Industrial  Board, 
and  the  amendments  and  alterations  thereof,  may  embrace  all  mat¬ 
ters  and  subjects  to  which  power  and  authority  of  the  Department 
of  Labor  and  Industry  extends,  and  shall  be  distributed  to  all  ap¬ 
plicants.  Every  rule  or  regulation  adopted  by  the  board  shall  be 
promptly  published  in  bulletins  of  the  Department  of  Labor  and 
Industry,  and  in  such  daily  newspapers  as  the  board  may  prescribe, 
and  no  such  rule  or  regulation  shall  take  effect  until  thirty  days 
after  such  publication.  Any  employer,  employe,  or  other  person  in¬ 
terested,  either  because  of  ownership  in  or  occupation  of  any  prop¬ 
erty  affected  by  any  such  order  or  regulation,  or  otherwise,  may 
petition  for  a  hearing  on  the  reasonableness  of  a  rule  or  regulation. 
Such  petition  for  hearing  shall  be  by  verified  petition,  filed  with  the 
said  Industrial  Board,  setting  out  specifically  and  in  full  detail  the 
rule  or  regulation  upon  which  a  hearing  is  desired,  and  the  reasons 
why  such  rule  or  regulation  is  deemed  to  be  unreasonable.  All  hear¬ 
ings  of  the  board  shall  be  open  to  the  public.  Upon  receipt  of  such 
petition,  if  the  issues  raised  in  such  petition  have  theretofore  been 
adequately  considered,  the  Industrial  Board  shall  determine  the 
same  by  confirming,  without  hearing,  its  previous  determination; 
or,  if  such  hearing  is  necessary  to  determine  the  issue  raised,  the 
Industrial  Board  shall  order  a  hearing  thereon,  and  consider  and 
determine  the  matter  or  matters  in  question  at  such  time  as  shall  be 
prescribed.  Notice  of  the  time  and  place  of  such  hearing  shall  be 
given  to  the  petitioner,  and  to  such  other  persons  as  the  Industrial 
Board  may  find  directly  interested  in  such  decision. 

Section  16.  Every  person  who  violates  any  of  the  provisions  of 
this  act,  or  any  of  the  rules  or  regulations  of  the  Industrial  Board, 
or  who  resist  or  interfere  with  any  officer  or  agent  of  the  Depart¬ 
ment  of  Labor  and  Industry  in  the  performance  of  his  duties  in  ac¬ 
cordance  with  the  said  rules  and  regulations,  shall  be  deemed  guilty 
of  a  misdemeanor;  and  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars  ($100.00),  or  by  im¬ 
prisonment  not  exceeding  one  month,  or  both,  at  the  discretion  of 
the  court. 

Section  17.  There  shall  be  created  in  the  Department  of  Labor 
and  Industry  a  Bureau  of  Mediation  and  Arbitration,  the  head  of 
which  shall  be  a  chief  of  bureau,  .  .  . 

Section  18.  Whenever  a  difference  arises  between  an  employer 
and  his  employes,  which  cannot  be  readily  adjusted,  the  chief  of  the 
bureau  shall  proceed  promptly  to  the  locality  thereof,  and  endeavor 
by  mediation  to  effect  an  amicable  settlement  of  the  controversy. 
If  such  settlement  cannot  be  effected,  the  dispute  may  be  arbitrated 


2 


18 


by  a  board  composed  of  one  person  selected  by  employer,  and  one 
person  selected  by  employes,  and  a  third  who  shall  be  selected  by 
the  representatives  of  the  employer  and  the  employes ;  and  such  third 
member  of  the  board  shall  be  selected  and  appointed  within  a  period 
of  five  days  after  the  matter  has  been  submitted  for  arbitration, 
and,  in  the  event  of  any  such  appointment  or  selection  not  being 
made  within  a  period  of  five  days,  then  the  Chief  of  the  Bureau  of 
Mediation  and  Arbitration  shall  constitute  the  third  member  of  the 
board,  and  be  the  chairman  of  the  board;  and  if  such  third  repre¬ 
sentative  is  chosen,  by  the  two  representatives  of  the  employer  and 
employe,  within  five  days,  then  a  chairman  of  the  board  shall  be 
established  by  the  board  itself.  A  submission  to  the  board  shall  be 
made  in  writing,  and  the  parties  thereto  shall  agree  to  abide  by^the 
determination  of  the  board.  Said  board  shall  render  a  written  de¬ 
cision  within  ten  days  after  the  completion  of  the  investigation,  one 
copy  thereof  to  be  filed  in  the  bureau,  and  a  copy  to  be  furnished 
each  party  to  the  controversy.  The  chief  of  the  bureau  shall  make 
an  annual  report  of  his  work,  containing  such  information  as  the 
Commissioner  of  Labor  and  Industry  may  request. 

Section  19.  The  Commissioner  of  Labor  and  Industry  may  as¬ 
sign  to  this  bureau,  from  his  department,  such  clerical  assistance 
as,  from  time  time,  he  may  think  necessary. 

Section  20.  In  addition  to  their  respective  salaries,  as  herein¬ 
above  provided,  the  commissioners,  inspectors,  and  other  officers  of 
the  Department  of  Labor  and  Industry,  shall  receive  the  expenses 
actually  and  necessarily  incurred  in  the  performance  of  their  official 
duties;  which  expenses,  together  with  all  other  necessary  expenses 
under  the  provisions  of  this  act,  shall,  after  the  approval  in  writing 
by  the  Governor  and  the  Commissioner  of  Labor  and  Industry,  be 
paid  by  the  State  Treasurer,  upon  warrant  of  the  Auditor  General, 
in  the  manner  now  provided  by  law. 

Section  21.  Upon  requisition  of  the  Commissioner  of  Labor  and 
Industry,  the  Board  of  Public  Grounds  and  Buildings  shall  furnish 
suitable  accommodations  in  the  State  Capitol  building  for  the  use 
of  this  department. 

Section  22.  Upon  requisition  of  the  Commissioner  of  Labor  and 
Industry,  and  order  of  the  Superintendent  of  Public  Printing  and 
Binding,  the  State  Printer  shall  do  the  printing  and  binding  neces¬ 
sary  for  the  proper  performance  of  the  duties  of  this  department. 

Section  23.  All  of  the  powers  and  duties  now  by  law  vested  in 
and  imposed  upon  the  Department  of  Factory  Inspection,  which  is 
hereby  abolished,  are  now  hereby  vested  in  the  Department  of  La¬ 
bor  and  Industry. 

Section  24.  This  act  shall  take  effect  on  and  after  the  first  day 
of  June,  one  thousand  nine  hundred  and  thirteen. 

Section  25.  All  acts  or  parts  of  acts  inconsistent  herewith  be 
and  the  same  are  hereby  repealed. 


19 


DEPARTMENT  OF  LABOR  AND  INDUSTRY 
ACT  OF  JUNE  4,  1915,  CREATING  DIVISION  OF  MUNICIPAL 

STATISTICS. 

ADMINISTRATION  DETAILS  OMITTED 
(Pamphlet  Laws,  page  689.  No.  314) 

AN  ACT 

Creating  a  Division  of  Municipal  Statistics  and  Information  in  the  Department  of 
Labor  and  Industry,  and  fixing  the  compensation  of  officers  and  employes 
therein. 

Section  1.  Be  it  enacted,  &c.,  That  the  Commissioner  of  Labor 
and  Industry  is  hereby  authorized  to  establish  in  said  department, 
in  the  Bureau  of  Statistics  and  Information,  a  Division  of  Munici¬ 
pal  Statistics  and  Information.  The  said  division  shall  gather, 
classify,  index,  and  make  available  statistical  and  other  informa¬ 
tion,  from  any  and  every  source,  that  may  be  helpful  in  improving 
the  methods  of  administration  in  the  several  municipalities  of  the 
Commonwealth. 

Section  2.  The  Commissioner  of  Labor  and  Industry  is  hereby 
authorized  to  employ  a  municipal  statistician,  who,  in  his  judgment, 
shall  be  qualified  to  perform  the  duties  herein  described,  .  .  .  . 

and  a  stenographer  and  typewriter  to  assist  said  statistician  in  the 
performance  of  his  duties,  .... 

Section  3.  It  is  hereby  made  the  duty  of  every  city  or  borough 
official  to  furnish  such  information  as  may  be  requested  by  the 
chief  of  the  Bureau  of  Statistics  and  Information,  or  his  duly 
authorized  deputy. 


DEPARTMENT  OF  LABOR  AND  INDUSTRY 
ACT  OF  JUNE  4,  1915,  CREATING  BUREAU  OF  EMPLOYMENT. 

ADMINISTRATION  DETAILS  OMITTED 

(Pamphlet  Laws,  page  833.  No.  373.) 

AN  ACT 

Establishing  under  the  Department  of  Labor  and  Industry  a  system  of  regulation 
of  employes  and  of  persons  seeking  employment;  and  prescribing,  as  incidental 
thereto,  certain  duties  of  employers,  and  of  county,  municipal,  townships,  and 
school  authorities,  and  of  agencies  procuring  employes  for  others;  and  prescribing 
penalties. 


Definitions. 

Section  1.  Be  it  enacted,  &c.,  That  the  term  “bureau,”  as  used  in 
this  act,  shall  mean  Bureau  of  Employment. 

The  term  “commissioner”  shall  mean  the  Commissioner  of  Labor 
and  Industry. 


20 


The  term  “board”  shall  mean  the  Industrial  Board  of  the  Depart¬ 
ment  of  Labor  and  Industry. 

The  term  “local  offices”  shall  mean  local,  free,  public  employment 
offices. 

Bureau  of  Employment. 

Section  2.  A  Bureau  of  Employment  shall  be  established  in  the 
Department  of  Labor  and  Industry.  The  central  office  of  the  bureau 
shall  be  located  in  the  city  of  Harrisburg. 

Director. 

Section  3.  The  commissioner  shall  appoint  a  director,  who  shall 
be  subject  to  the  direction  and  supervision  of  the  commisisoner. 

Sections  4  and  5 — omitted. 

..  \ 

Powers  and  Duties  of  the  Director. 

Section  6.  The  director  shall  bring  into  communication  employ¬ 
ers  seeking  employes  and  persons  seeking  employment;  prescribe 
rules  and  regulations  for  the  administration  and  operation  of  all 
public  and  private  employment  offices;  investigate  the  circulation 
of  information  and  statements  regarding  employment  and  labor 
conditions,  for  the  purpose  of  preventing  fraud  and  improper  prac¬ 
tices;  ascertain  the  extent  and  causes  of  unemployment  and  the 
remedies  therefor;  devise  and  recommend  (in  the  form  of  bills,  or 
otherwise)  means  and  methods  for  the  prevention  of  unemployment 
and  distress  from  involuntary  idleness;  and  co-operate  with  any 
person  or  authority  whatsoever  in  carrying  out  the  full  intent  and 
purposes  of  this  act. 

Sections  7,  8  and  9 — omitted. 

District  Branch  Offices. 

Section  10.  The  State  may  be  divided  into  districts,  and  district 
branch  offices  may  be  established  by  the  commissioner  as  he  may 
deem  necessary  and  advisable. 

Local,  Free,  Public  Employment  Offices. 

Section  11.  The  director  may  enter  into  an  agreement  with  any 
county,  city,  borough,  town,  or  township  for  the  establishment  and 
joint  maintenance  of  local  offices.  All  county,  city,  borough,  town, 
or  township  executives  shall  report  to  the  director,  from  time  to 
time,  the  general  conditions  of  employment,  the  demands  of  em¬ 
ployers  for  employes,  the  demands  of  employes  for  employment,  and 
the  existence  of  industrial  disputes,  strikes,  and  lock-outs,  in  their 
respective  districts,  and  shall  cause  to  be  posted  any  bulletins  or 
notices  of  the  bureau  pertaining  to  the  purposes  of  this  act.  Any 
county,  city,  borough,  town,  or  township  may  appoint  the  superin¬ 
tendent  of  the  nearest  district  branch  office  to  fill  the  office  of  super¬ 
intendent  of  employment. 

Powers  and  Duties  of  the  Industrial  Board. 

Section  12.  The  board  shall, — 

(a)  Devise  plans  and  take  steps  toward  the  regularization  of 
employment  in  the  industries  and  seasonal  trades  of  the  State. 


21 


(b)  Investigate  the  feasibility  of,  and  induce  the  State,  counties, 
cities,  boroughs,  towns,  and  townships  to  undertake,  public  improve¬ 
ments  during  the  periods  of  unemployment. 

(c)  Oo-operate  with  any  persons,  employer,  official,  association, 
or  organ  of  the  press  whatsoever,  for  the  accomplishment  of  the 
aforesaid  purposes ;  appoint  sub-committees  for  juveniles,  farm 
laborers,  and  for  other  purposes;  and  the  membership  of  these  sub¬ 
committees  may  be  enlarged  to  include  persons  outside  the  board, 
but  each  sub-committee  must  be  presided  over  by  a  member  of  the 
board. 


Kepresentative  Councils. 

Section  13.  Each  district  and  local  office  shall  have  a  representa¬ 
tive  council,  appointed  by  the  commissioner.  The  council  shall  con¬ 
sist  of  six  members,  one  of  whom  shall  be  a  woman,  and  all  of 
whom  are  citizens  of  the  United  States  and  of  the  State,  and  resi¬ 
dents  of  the  district  where  the  council  is  to  serve.  One  member 
shall  be  an  employer,  not  a  member  of  any  employers’  association; 
two  members  shall  be  representatives  of  employers’  organizations; 
one  member  shall  be  a  working  person,  not  a  member  of  any  or¬ 
ganization  of  working  people,  and  two  shall  be  representatives  of 
organizations  of  working  people.  The  commissioner  shall  designate 
one  from  the  employers  and  one  from  the  employes,  to  serve  for  a 
period  of  two  years;  one  from  each  group,  to  serve  for  a  period  of 
four  years;  and  one  from  each  group,  to  serve  for  a  period  of  six 
years.  Upon  the  expiration  of  said  terms,  the  term  of  office  of  each 
member  thereafter  appointed  shall  be  for  a  term  of  six  years,  except 
that  any  member  appointed  to  fill  a  vacancy  shall  serve  for  the  unex¬ 
pired  term  thereof. 

The  commissioner  and  the  director  shall  be  ex-officio  members  of 
each  council.  The  superintendent  in  charge  of  a  district  shall  be 
chairman  of  the  council  for  his  district,  and  in  case  of  his  inability 
to  be  present  at  any  meeting  the  director  or  the  commissioner  may 
act  as  chairman. 

The  actual  and  necessary  traveling  expenses  incurred  by  mem¬ 
bers  of  district  representative  councils,  while  engaged  in  the  per¬ 
formance  of  their  duties,  shall  be  paid  by  the  State. 


Duties  of  Councils. 

Section  14.  The  council  in  each  district  shall, — 

(a)  Devise  methods  and  take  steps  toward  the  regularization 
of  employment  in  the  various  industries  and  seasonal  trades  of  the 
district. 

(b)  Devise  plans  and  take  steps  to  promote  public  improvements 
by  municipalities  within  the  district,  during  seasons  of  unemploy¬ 
ment. 

(c)  Co-operate  with  any  person,  employer,  association,  or  or¬ 
gan  of  the  press  in  accomplishing  the  aforesaid  purposes. 

(d)  Appoint  sub  committees  to  deal  specially  with  any  subject 
which  the  council  has  power  to  investigate  or  act  upon,  but  each 
sub  committee  shall  be  presided  over  by  a  member  of  the  council. 


22 


(e)  Hold  meetings  at  least  once  each  month,  or  oftener  ir  re¬ 
quired,  for  the  accomplishment  of  the  aforesaid  purposes;  such 
meetings  to  be  called  by  the  chairman  of  the  council,  or  to  be  fixed 
at  any  regular  meeting  of  the  council. 

(f)  Keep  minutes  of  all  meetings;  submit  copy  of  all  minutes, 
records,  and  decisions;  and  report  in  full  on  all  actions  or  proceed¬ 
ings  to  the  director.  No  rule  shall  be  prescribed  or  action  taken  by 
the  council  inconsistent  with  the  action  of  the  board. 

Free  Services. 

Section  15.  The  bureau  shall  neither  charge  nor  receive  fees,  di¬ 
rectly  or  indirectly,  for  any  service  or  benefit  rendered  to  those 
availing  themselves  of  advantages  provided.  No  official,  employe, 
or  person  associated  with  the  bureau  in  the  performance  of  its  duties 
shall  charge,  demand,  accept,  or  receive,  directly  or  indirectly,  any 
fee,  compensation,  contribution,  or  gratuity  for  any  service  or  duty 
performed  as  an  official  or  employe  of  the  bureau. 


Industrial  Disputes,  Strikes,  Lock-outs,  Et  Cetera. 

Section  16.  Each  person  applying  for  employes  at  any  public 
employment  office  shall  file,  in  such  form  and  manner  as  the  director 
may  require,  a  signed  statement  affirming  or  denying  the  existence  of 
an  industrial  dispute,  strike,  or  lock-out  at  or  in  connection  with  the 
business  or  place  of  business  for  which  such  person  is  applying  for 
help.  Any  citizen  or  employe  may  file  at  any  public  employment  office 
a  signed  statement  with  regard  to  the  existence  of  an  industrial  dis¬ 
pute,  strike,  or  lock-out  affecting  any  business  or  trade.  Each  state¬ 
ment  filed  shall  be  exhibited  in  the  public  employment  office,  but  not 
until  it  has  been  communicated  to  the  employes  affected  if  filed  by 
employers,  or  to  the  employers  affected  if  filed  by  citizens  or  em¬ 
ployes.  In  case  a  reply  to  such  a  statement  is  received,  it  shall  be 
exhibited  together  with  the  original  statement,  in  the  public  em¬ 
ployment  office;  but  no  statement  or  reply  thereto  shall  be  so  ex¬ 
hibited  until  it  has  been  ascertained,  upon  investigation,  that  an 
industrial  dispute,  strike,  or  lockout  does  exist,  at  or  in  connection  . 
with  the  business  or  place  of  business  in  question.  No  official  of  the 
bureau  shall  assist,  in  any  manner  whatsoever,  any  person,  firm, 
association,  or  corporation  who  is  a  party  to  an  industrial  dispute, 
strike,  or  lock-out.  Each  person  applying  to  any  public  employment 
office  for  help  or  employment  shall  give  such  information  as  the  di¬ 
rector  may  require. 

Full  Information. 

Section  17.  It  shall  be  the  duty  of  the  officer  in  charge  of  each 
public  employment  office,  and  of  his  assistants,  to  give  full  and 
complete  information  with  regard  to  any  position  offered,  and  the 
terms  and  conditions  relative  thereto,  to  any  person  applying  for 
such  position ;  and  to  call  the  attention  of  such  applicant  to  any 
statement,  or  reply  thereto,  with  reference  to  the  existence  of  any 
industrial  dispute,  strike,  or  lock-out  affecting  the  business  or  trade 
in  which  the  position  is  offered. 


23 


Discrimination. 

Section  18.  No  applicant  for  employment  shall  suffer  any  dis¬ 
qualification,  or  be  otherwise  prejudiced,  at  any  public  employment 
office  on  account  of  refusing  to  accept  employment  offered.  The 
reliability  and  fitness  of  an  applicant  for  the  particular  position 
which  he  is  to  fill  shall  always  be  taken  into  consideration  in  referr¬ 
ing  him  to  an  employer.  No  applicant  procuring  employment  with 
any  employer  other  than  the  State,  through  the  medium  of  the 
bureau  or  its  officials,  shall  be  regarded  in  any  sense  as  an  employe 
or  official  of  the  State. 


Juveniles. 

Section  19.  In  case  bureaus  for  vocational  training  and  place¬ 
ment,  or  other  similar  bureaus,  are  established  by  local  school 
authorities,  the  director  shall  co-operate  with  such  bureaus  in  deal¬ 
ing  with  the  employment  of  children  between  the  ages  of  fourteen 
and  eighteen  years,  in  such  manner  as  may  be  advisable.  The  direc¬ 
tor  shall  use  all  reasonable  means  to  promote  the  establishment  of 
bureaus  for  vocational  training  and  placement,  in  connection  with 
vocational  education  by  public  school  authorities  throughout  the 
State.  Until  bureaus  for  vocational  training  and  placement,  or 
other  similar  bureaus,  have  been  established  by  local  public  school 
authorities,  for  the  purposes  of  directing,  advising,  and  assisting 
children  in  the  selection  of  suitable  vocations,  the  director  shall 
provide  school  principals  and  all  public  employment  offices  with 
special  blank  forms  for  the  registration  of  all  childreh  having  em¬ 
ployment  certificates,  as  required  by  law,  and  leaving  school  law¬ 
fully  in  search  of  employment.  Each  child  applying  for  employ¬ 
ment  may  register  at  a  public  or  other  approved  school  with  the 
principal  of  such  school;  and  the  principals  of  public  or  other  ap¬ 
proved  schools  are  hereby  authorized  and  required  to  register  such 
applications  for  employment,  to  assist  and  advise  each  applicant  in 
the  selection  of  a  vocation,  in  such  manner  as  may  be  necessary, 
and  to  transmit  immediately  to  the  superintendent  of  the  district 
branch  office  all  applications  for  employment  registered.  The  su¬ 
perintendent  of  each  public  employment  office  shall  co-operate  with 
the  school  principals  in  his  district  in  endeavoring  to  secure  suit¬ 
able  positions  for  children  leaving  school  lawfully  to  enter  a  voca¬ 
tion,  and  shall  guide  and  induce  minors  to  enter  promising  voca¬ 
tions;  and  each  principal  shall  acquaint  the  teachers  and  pupils  of 
his  school  with  the  purpose  and  functions  of  the  public  employment 
office  in  placing  juveniles. 


Permit  for  Free  Employment  Agencies. 

Section  20.  No  provision  of  any  section  of  this  act  shall  be  con¬ 
strued  as  applying  to  agents  procuring  'employment  for  school 
teachers  exclusively;  nor  to  registries  of  any  incorporated  associa¬ 
tion  of  nurses;  nor  to  departments  or  bureaus  maintained  by  per¬ 
sons,  firms,  or  corporations  or  associations,  for  the  purpose  of  ob¬ 
taining  help  for  themselves,  where  no  fee  is  charged  the  applicant 
for  employment, 


24 


Untrue  Statements. 

Section  21.  Any  person  wilfully  making  any  untrue  statement 
in  applying  to  any  public  employment  office  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars,  or  by  imprisonment  not  ex¬ 
ceeding  six  months,  or  both,  at  the  discretion  of  the  court. 

Penalties. 

Section  22.  Except  as  herein  provided  otherwise,  any  person  who 
violates  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde¬ 
meanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars,  or  by  imprisonment  not  exceed¬ 
ing  one  year,  or  both,  at  the  discretion  of  the  court. 


DEPARTMENT  OF  LABOR  AND  INDUSTRY 
EMPLOYMENT  ACT  OF  JUNE  7,  1915. 

(Pamphlet  Laws,  page  888.  No.  397.) 

AN  ACT 

Regulating,  through  the  Commissioners  of  Labor  and  Industry,  the  business  of 
assisting  employers  to  obtain  employes,  and  persons  to  secure  employment,  in¬ 
cluding  the  business  of  collecting  information  to  the  same  end,  and  prescribing 
penalties . 


Employment  Agents. 

Section  1.  Be  it  enacted,  &c.,  That  no  employment  agent  shall 
hereafter  conduct  business  for  profit  unless  licensed  to  do  so  in 
accordance  with  the  provisions  of  this  act. 

Definitions. 

Section  2.  The  term  “employment  agent,”  as  used  in  this  act, 
shall  mean  every  person,  co-partnership,  association  or  corporation 
engaged  in  the  business  of  assisting  employers  to  secure  employes, 
and  persons  to  secure  employment,  or  of  collecting  and  furnishing 
information  regarding  employers  seeking  employes,  and  per¬ 
sons  seeking  employment :  Provided,  That  no  provision  of 
any  section  of  this  act  shall  be  construed  as  applying  to  agents  pro¬ 
curing  employment  for  school  teachers  exclusively;  nor  to  regis¬ 
tries  of  any  incorporated  association  of  nurses;  nor  to  departments 
or  bureaus  maintained  by  persons,  firms,  or  corporations  or  asso¬ 
ciations,  for  the  purpose  of  obtaining  help  for  themselves,  where 
no  fee  is  charged  the  applicant  for  employment. 

The  term  “employment  office”  shall  mean  every  office  or  place 
where  the  business  of  an  employment  agent  is  carried  on. 

The  term  “commissioner”  shall  mean  the  Commissioner  of  Labor 
and  Industry. 


25 


Application  for  License. 

Section  3.  Application  for  a  license  may  be  made  in  person  or 
by  mail  to.tbe  commissioner,  upon  a  blank  furnished  by  the  com¬ 
missioner,  which  shall  be  verified  by  oath  or  affirmation. 

The  application  must  be  accompanied  by  a  fee  of  fifty  dollars. 

The  application  must  also  be  accompanied  by  a  bond,  to  the  use 
of  the  Commonwealth  of  Pennsylvania,  in  the  penal  sum  of  one 
thousand  dollars,  with  two  or  more  sureties  or  of  a  surety  company 
approved  by  the  commissioner,  conditioned,  among  other  things, 
upon  the  faithful  observance  by  the  employment  agent  of  the  pro¬ 
visions  of  this  act,  together  with  all  rules  and  regulations  issued 
thereunder;  that  the  employment  agent  shall  discharge  all  obliga¬ 
tions  and  pay  all  damages  or  loss  which  shall  accrue  to  any  per¬ 
son  dealing  with  such  employment  agent,  by  reason  of  any  contract 
or  other  obligation  of  such  employment  agent,  or  resulting  from  any 
fraud,  deceit,  excessive  charges,  misrepresentations,  or  other  wrong¬ 
ful  act  of  such  employment  agent  or  of  his  employes  or  agents,  in 
connection  with  the  business  so  licensed. 

Any  person  aggrieved  may  bring  an  action  for  the  enforcement 
of  said  bond  in  any  court  of  competent  jurisdiction. 

Application  as  Evidence. 

Section  4.  Applications,  or  a  certified  copy  thereof,  under  the 
hand  and  seal  of  the  commissioner,  shall  be  received  as  evidence  in 
any  court  to  prove  the  facts  contained  therein. 

Renewal  of  Licenses. 

Section  5.  Each  license  issued  by  the  commissioner  shall  expire 
on  the  thirtieth  day  of  September  next  following  the  day  on  which 
it  was  issued,  and  shall  not  be  transferable. 

Refusal  of  Licenses. 

Section  6.  The  commissioner  shall  refuse  to  issue  a  license,  if, 
upon  investigation,  he  finds  that  the  applicant  is  unfit  to  engage  in 
the  business,  or  has  had  a  license  or  permit  previously  revoked,  or 
that  the  business  is  to  be  conducted  on  or  immediately  adjoining 
unsuitable  premises,  or  that  any  other  good  reason  exists  within  the 
meaning  of  the  law. 

Revoking  of  License. 

Section  7.  The  commission  shall  revoke  any  license  issued  under 
the  provisions  of  this  act,  with  or  without  a  hearing,  and  may  order 
such  license  to  be  returned  for  cancellation,  if  the  employment  agent 
has  violated  any  provisions  of  this  act  or  the  rules  and  regulations 
issued  thereunder,  or  if  any  cause  appears  on  which  a  license  might 
have  been  refused. 

Section  8.  The  commissioner  shall  prescribe  such  rules  and  regu¬ 
lations  as  may  be  necessary  for  the  supervision  of  employment 
agents. 


26 


Liability  for  False  Statements. 

Section  9.  Every  employment  agent  shall  be  held  responsible  for 
every  untrue  statement  he  makes,  publishes,  or  distributes  regard¬ 
ing  any  employment.  He  shall  also  be  responsible  for  the  acts, 
statements,  and  misconduct  of  his  employe  or  employes,  agent,  part¬ 
ner,  or  person  associated  with  him,  where  such  acts,  statements,  or 
misconduct  occur  in  the  conduct  and  operation  of  such  employment 
agent’s  business. 

No  employer  seeking  employes,  and  no  person  seeking  employ¬ 
ment,  shall  knowingly  make  any  false  statement  or  conceal  any 
material  facts,  for  the  purpose  of  obtaining  employes  or  employ¬ 
ment  by  or  through  any  employment  agent  duly  licensed. 

Form  of  Contract. 

Section  10.  Every  employment  agent  using  written  or  printed 
form  of  contracts  in  his  business  shall  file  with  the  commissioner  a 
copy  of  such  contracts.  No  written  or  printed  form  of  contract 
shall  be  used  until  approved  by  the  commissioner. 

The  forms  of  contract  may  be  changed,  but  shall  not  be  used  by 
employment  agents  unless  approved  by  the  commissioner. 

The  commissioner  shall  direct  changes  to  be  made  in  forms  of 
contracts  if  he  finds  the  forms  are  unfair  or  oppressive,  or  tending 
to  violate  the  intent  of  this  act,  and  shall  withhold  his  approval 
unless  the  changes  are  made. 

Fees. 

Section  11.  Every  employment  agent  shall  file  with  the  commis¬ 
sioner,  for  his  approval,  a  schedule  of  fees  proposed  to  be  charged 
for  any  services  rendered  to  employers  seeking  employes,  and  per¬ 
sons  seeking  employment.  The  schedule  of  fees  may  be  changed 
only  with  the  approval  of  the  commissioner. 

No  registration  or  other  fees  in  lieu  thereof  shall  be  charged  or 
received  by  such  employment  agent. 

No  employment  agent  shall  divide,  directly  or  indirectly,  any 
fees  charged  or  received  by  him  with  any  person  who  secures  help 
through  such  employment  agent,  or  to  whom  help  is  referred  by 
such  employment  agent,  nor  shall  any  employment  agent  offer  to 
so  divide  any  fees. 

Receipts. 

Section  12.  Every  employment  agent  shall  give  a  receipt  to  each 
person  from  whom  he  has  received  any  money,  or  other  valuable 
consideration  whatsoever,  as  compensation,  directly  or  indirectly, 
for  services  rendered. 

The  receipt  shall  state  separately  the  amount  received  as  a  fee 
and  the  amount  received  for  transportation  and  for  other  expenses, 
and  shall  set  forth  such  other  facts  as  the  commissioner  may  direct. 

Fees  to  Be  Returned. 

Section  13.  If  any  person  fails,  through  no  fault  of  his  own,  to 
obtain  employment  from  the  employer  to  whom  he  has  been  re¬ 
ferred  by  any  employment  agent,  or,  after  having  been  engaged  by 
an  employer,  is  not  permitted  by  said  employer  to  enter  upon  such 


27 


employment,  the  whole  amount  paid  by  such  person  to  the  employ¬ 
ment  agent  as  a  fee,  or  for  transportation  or  other  expenses,  shall 
be  refunded  to  him  on  demand. 

Posting  of  Licenses. 

Section  14.  Every  employment  agent  shall  keep  conspicuously 
posted  in  his  office  or  place  of  business  the  license  issued  under  this 
act,  a  copy  of  the  schedule  of  all  fees  required  to  be  filed  with  the 
commissioner,  and  other  notices  or  information  that  the  commis¬ 
sioner  may  direct,  and  in  such  form  and  manner  as  he  may  prescribe. 

Section  15.  For  the  purpose  of  enforcing  this  act  and  the  rules 
and  regulations  issued  thereunder,  the  commissioner  or  his  duly 
authorized  agent  may  enter  any  employment  office,  or  place  of  busi¬ 
ness  of  any  employment  agent,  and  inspect  the  registers,  cards,  or 
other  records  of  such  employment  agent. 

In  the  performance  of  the  duties  herein  required  by  law,  the  com¬ 
missioner  or  his  agents  may,  at  any  time,  enter  any  premises.  If 
permission  so  to  enter  shall  be  refused  or  delayed  by  any  person, 
the  commissioner  or  his  agent  may,  on  oath  or  affirmation,  declare 
before  any  alderman,  magistrate,  or  justice  of  the  peace  that  permis¬ 
sion  to  enter  and  to  investigate  has  been  refused  or  delayed;  where¬ 
upon  such  alderman,  magistrate,  or  justice  of  the  peace,  may,  upon 
payment  of  a  fee  of  one  dollar,  issue  a  search-warrant  for  such  prem¬ 
ises.  Such  search-warrant  shall  describe,  as  nearly  as  may  be,  the 
premises  which  it  is  desired  to  search  or  investigate.  The  commis¬ 
sioner  or  his  agent,  armed  with  such  search-warrant,  shall  have  all 
the  authority  of  a  constable  or  other  peace  officer  in  the  execution 
of  such  warrant.  It  shall  be  unlawful  for  any  person  to  refuse  or 
delay  admission  to  any  premises  to  the  commissioner  or  his  agent 
provided  with  a  search  warrant  as  herein  authorized. 

Employment  for  Immoral  Purposes  Prohibited. 

Section  16.  No  employment  agent  shall  furnish  any  female  for 
immoral  purposes;  or  send,  or  cause  to  be  sent,  any  female  em¬ 
ploye,  to  enter. as  servant,  inmate,  or  for  any  purpose  whatsoever, 
any  place  of  bad  repute,  house  of  ill-fame,  or  assignation  house,  or 
any  house  or  place  of  amusement  kept  for  immoral  purposes,  the 
character  of  which  such  employment  agent  could  have  ascertained 
upon  reasonable  inquiry. 

No  employment  agent  shall  knowingly  admit  or  allow  to  remain  in 
such  agency  any  person  of  bad  character,  prostitute,  gambler,  or  in¬ 
toxicated  person. 

Employment  of  Children  Prohibited. 

Section  17.  No  employment  agent  shall  furnish  employment  to 
any  child,  in  violation  of  the  laws  regulating  the  labor  of  children 
or  their  compulsory  attendance  at  school. 

Inspection  of  Labor  Camps. 

Section  18.  The  commissioner  shall  inspect  all  labor  camps  and 
housing  accommodations  for  employes,  maintained  directly  or  in- 


28 


directly  in  connection  with  any  work  or  place  where  work  is  being 
performed,  and  all  places  established  for  the  temporary  shelter  and 
care  of  aliens  and  unemployed  persons,  and  prescribed  minimum 
standards  of  sanitation  for  all  such  labor  camps,  accommodations, 
and  temporary  quarters. 

Protection  to  Aliens. 

Section  19.  The  commissioner  shall  investigate  the  general  in¬ 
dustrial,  social,  and  educational  welfare  and  conditions  of  aliens 
within  the  State,  for  the  purpose  of  co-operating  with  the  various 
agencies  of  the  State  possessing  the  requisite  jurisdiction  in  secur¬ 
ing  such  remedial  action  as  may  be  necessary. 

The  commissioner  shall  enforce  all  laws  pertaining  to  the  sale  of 
steamship  tickets  or  orders  for  transportation;  and  prescribe  rules 
and  regulations  for  the  protection  or  purchasers  in  the  purchase  of 
and  cancellation  of  tbird-class  or  steerage  tickets,  or  orders  for 
transportation;  investigate  conditions  prevailing  at  all  docks,  fer¬ 
ries,  railway  stations,  and  other  places  where  employes  or  aliens 
arrive  or  depart;  and,  in  co-operation  with  the  proper  authorities, 
afford  such  employes  or  aliens  protection  against  frauds,  crimes, 
and  exploitations;  investigate  all  complaints  of  employes  and  aliens 
with  respect  to  frauds,  extortion,  and  improper  practices  by  any 
person  or  corporation,  whether  public  or  private,  and  present  to 
the  proper  authorities  the  results  of  such  investigation  for  action 
thereon. 

Proceedings. 

Section  20.  The  commissioner  shall  have  power  to  issue  sub¬ 
poenas,  administer  oaths,  take  affidavits  and  testimony,  in  all  mat¬ 
ters  relating  to  the  duties  and  powers  herein  prescribed.  He  shall 
have  power  to  subpoena  any  witnesses  or  any  person;  to  examine 
all  books,  contracts,  records,  and  documents  of  any  person  or  cor¬ 
poration,  and  by  subpoena  duces  tecum  to  compel  production  thereof. 

All  subpoenas  shall  be  issued  in  the  name  of  the  commissioner, 
under  the  seal  of  the  Commonwealth. 

All  hearings  held  before  the  commissioner,  or  his  deputy  duly 
authorized,  shall  be  governed  by  rules  prescribed  by  the  commis¬ 
sioner,  who  shall  not  be  bound  by  the  technical  rules  of  evidence  in 
the  examination  of  witnesses  or  in  the  conduct  of  such  hearings. 


Penalties. 

Section  21.  Any  person,  co-partnership,  association,  or  corpora¬ 
tion  who  shall  open  and  conduct  an  employment  agency  without 
procuring  a  license  as  required  by  this  act  shall  be  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  fifty  nor  more  than  five  hundred  dollars,  or  by  im¬ 
prisonment  not  exceeding  one  year,  or  both,  at  the  discretion  of  the 
court. 

Any  person  making  any  false  statement  or  testifying  falsely  under 
oath  shall  be  subject  to  prosecution  for  perjury,  upon  the  recom¬ 
mendation  of  the  commissioner  to  the  officials  having  the  requisite 
jurisdiction. 


29 


Any  individual,  co-partnership,  or  corporation,  or  association  who 
shall  neglect  or  refuse  to  obey  any  subpoena  and  give  testimony, 
according  to  the.  provisions  of  this  act,  or  who  shall  neglect  or  re¬ 
fuse  to  answer  questions  by  circular  or  upon  personal  application, 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to  be  collected, 
by  order  of  the  commissioner,  in  an  action  in  which  the  Common¬ 
wealth  of  Pennsylvania  shall  be  plaintiff,  as  debts  of  like  amount 
are  collected. 

Any  person,  co-partnership,  association,  or  corporation  that  shall 
violate  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  thereof  shall  be  sentenced  to  pay  a  fine 
of  not  more  than  one  hundred  dollars,  or  to  undergo  imprisonment 
not  exceeding  one  year,  or  both,  at  the  discretion  of  the  court;  and, 
in  addition  thereto,  such  person,  or  each  of  the  members  of  a  co¬ 
partnership  association,  or  each  of  the  directors  of  the  corporation, 
as  the  case  may  be,  with  guilty  knowledge  of  the  fact,  may  be  sen¬ 
tenced  to  ^pav  a  fine  of  not  more  than  one  hundred  dollars,  or  to 
undergo  imprisonment  in  the  jail  of  the  proper  county  for  a  period 
of  not  exceeding  one  year,  or  both,  at  the  discretion  of  the  court. 

Section  22.  This  act  shall  take  effect  on  the  first  day  of  October, 
one  thousand  nine  hundred  fifteen. 

Section  23.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  repealed. 


FACTORY  ACT  OF  MAY  2,  1905. 


(Pamphlet  Laws,  page  352.  No.  226.) 

AN  ACT 

Section  1.  Be  it  enacted,  &c.,  That  the  term  “establishment,” 
where  used  for  the  purpose  of  this  act,  shall  mean  any  place  within 
this  Commonwealth  other  than  where  domestic,  coal-mining  or  farm 
labor  is  employed;  where  men,  women  or  children  are  engaged, 
and  paid  a  salary  or  wages,  by  any  person,  firm  or  corporation,  and 
where  such  men,  women  or  children  are  employes,  in  the  general 
acceptance  of  the  term. 


(Section  2  of  this  act,  establishing  a  14  year  age  limit,  was  superseded 
by  Section  2  of  the  Child  Labor  Act  of  1915.  Sections  3,  7  and  8,  regu¬ 
lating  the  hours  of  employment  of  minors  and  females,  and  providing 
for  seats  for  girls  and  adult  women,  and  separate  wash  rooms  and  water 
closets  for  males  and  females,  were  expressly  repealed  by  Section  21  of 
the  Woman’s  Act  of  1913.  Sections  5  and  6  were  held  to  be  unconstitu¬ 
tional  by  Judge  Staake  in  Com.  v.  Hoopes  15  D.  P.  895,  and,  together 
with  Section  4,  were  superseded  and  repealed  by  the  Child  Labor  Acts 
of  1909  and  1915.) 

Section  9.  Not  less  than  one  hour  shall  be  allowed  for  the  noon¬ 
day  meal,  in  any  establishment.  But  the  Chief  Factory  Inspector 
may,  for  good  cause,  reduce  the  time  for  the  noonday  meal  in  es¬ 
tablishments  where  all  the  other  provisions  of  this  act  are  observed, 
which  entail  duties  upon  the  part  of  employers. 


30 


(A  standing  order  has  been  issued  providing  that  except  where  special 
notification  shall  be  given,  hours  for  noonday  meals  of  all  other  employes 
may  be  the  same  as  those  for  females.  See  Woman’s  Act  below.) 

Section  10.  Every  person,  firm  or  corporation  employing  men, 
[women  or  children,]  in  any  establishment,  shall  post  and  keep 
posted  in  a  conspicuous  place,  in  every  room  where  such  help  is  em¬ 
ployed,  a  printed  copy  of  the  factory  laws,  a  printed  notice  stating 
the  number  of  hours  per  day  for  each  day  of  the  week  required  of 
such  persons;  and  in  every  room  where  children  under  sixteen  years 
of  age  are  employed,  a  list  of  their  names,  with  their  ages. 

(So  far  as  relates  to  women,  this  section  is  superseded  and  repealed  by 
Section  13  of  the  Women’s  Act  of  1913 ;  and  as  to  children  by  Section  21  of 
the  Child  Labor  Act  of  1915.  As  to  men,  however,  the  act  is  still  in 
force.) 

Section  11.  The  owner  or  person  in  charge  of  an  establishment 
where  machinery  is  used  shall  provide  belt  shifters  or  other  mechan¬ 
ical  contrivances  for  the  purpose  of  throwing  on  or  off  belts  or 
pulleys.  Whenever  practicable,  all  machinery  shall  be  provided 
with  loose  pulleys.  All  vats,  pans,  saws,  planers,  cogs,  gearing, 
belting,  shafting,  set-screws,  grindstones,  emery-wheels,  fly-wheels, 
and  machinery  of  every  description  shall  be  properly  guarded.  The 
floor  space  of  no  working-room  in  any  establishment  shall  be  so 
crowded  with  machinery  as  thereby  to  cause  risk  to  the  life  or  limb 
of  an  employee ;  nor  shall  there  be  in  any  establishment  machinery  in 
excess  of  the  sustaining  power  of  the  floors  and  walls  thereof.  No 
person  shall  remove  or  make  ineffective  any  safeguard  around  or  at¬ 
tached  to  machinery,  vats  or  pans  while  the  same  are  in  use,  except  for 
the  purpose  of  immediately  making  repairs  thereto,  and  all  such 
safe-guards  so  removed  shall  be  properly  replaced.  Exhaust  fans  of 
sufficient  power,  or  other  sufficient  devices,  shall  be  provided  for  the 
purpose  of  carrying  off  poisonous  fumes  and  gases,  and  dust  from 
emery-wheel,  grind-stones  and  other  machinery  creating  dust.  If  a 
machine  or  any  part  thereof  is  in  a  dangerous  condition,  or  is  not 
properly  guarded,  the  use  thereof  may  be  prohibited  by  the  Chief 
Factory  Inspector  or  by  his  deputy,  and  a  notice  to  that  effect  shall 
be  attached  thereto.  Such  notice  shall  not  be  removed  until  the 
machinery  is  made  safe  and  the  required  safeguards  are  provided, 
and  in  the  meantime  such  unsafe  or  dangerous  machinery  shall  not 
be  used. 

Section  12.  The  owner,  agent,  lessee,  superintendent,  or  other 
person  having  charge  or  managerial  control  of  any  establishment, 
hotel,  hospital,  apartment-house  or  other  building,  where  elevators, 
hoisting-shafts,  lifts  or  well-holes  are  used,  shall  cause  the  same  to 
be  properly  and  substantially  enclosed,  secured  or  guarded ;  and  shall 
provide  such  proper  traps  or  automatic  doors,  so  fastened  in  or  at  all 
elevator-ways,  except  elevators  enclosed  on  all  sides,  as  to  form  a 
substantial  surface  when  closed,  and  so  constructed  as  to  open  and 
close  by  action  of  the  elevator  in  its  passage,  either  ascending  or 
descending.  The  cable,  gearing  or  other  apparatus  of  elevators,  hoist- 
ers,  or  lifts,  shall  be  kept  in  a  safe  condition:  Provided,  That  the 
provisions  of  this  section  shall  not  apply  to  cities  of  the  first  and 
second  classes. 

Section  13.  The  owner,  agent,  lessee,  or  other  person  having  charge 
or  managerial  control  of  any  establishment,  shall  provide  or  cause 


31 


to  be  provided  not  less  than  two  hundred  and  fifty  cubic  feet  of  air¬ 
space  for  each  and  every  person  in  every  work-room  in  said  establish¬ 
ment,  whei:e  persons  are  employed,  and  shall  provide  that  all  work¬ 
rooms,  halls  and  stairways  in  said  establishment  be  kept  in  a  clean 
and  sanitary  condition  and  properly  lighted. 

Section  14.  No  person,  firm  or  corporation  engaged  in  the  manu¬ 
facture  or  sale  of  clothing  or  other  wearing  apparel,  cigars  or  cigar¬ 
ettes,  shall  bargain  or  contract  with  any  person,  firm  or  corporation 
for  the  manufacture,  or  .partial  manufacture,  of  any  of  said  articles 
or  goods  where  the  same  are  to  be  made  in  any  kitchen,  living-room 
or  bed-room  in  any  tenement-house  or  dwelling  house,  except  where 
the  persons  bargaining  or  contracting  to  make  or  partially  make 
any  of  the  aforesaid  articles  or  goods  are  resident  members  of  the 
family,  residing  in  such  tenement-house  or  dwelling-house  where 
the  said  articles  or  goods  are  to  be  made  or  partially  made,  and  who 
have  furnished  the  person,  firm  or  corporation  engaged  in  the  manu¬ 
facture  or  sale  of  said  articles  or  goods,  and  with  whom  the  bargain 
or  contract  is  to  be  made,  a  certificate  from  the  board  of  health, 
of  the  city  or  town  in  which  such  tenement-house  or  dwelling-house 
is  situated,  that  the  same  is  free  from  any  infectious  or  contagious 
disease;  which  certificate  may  be  revoked  by  the  board  of  health 
whenever  the  exigencies  of  the  case  shall  require:  Provided,  That 
the  term  “family”  in  this  section  shall  include  only  the  parents  and 
their  children,  or  the  children  of  either. 

Section  15.  No  person,  firm  or  corporation  engaged  in  the  manu¬ 
facture  or  sale  of  any  of  the  articles  or  goods  enumerated  in  section 
fourteen  of  this  act,  shall  bargain  or  contract  with  any  person,  firm 
or  corporation  for  the  manufacture,  or  partial  manufacture,  of  any 
of  the  said  articles  or  goods  in  any  workshop,  not  part  of  a  tenement 
or  dwelling-house,  unless  the  said  workshop  shall  have  been  inspected 
by  the  Chief  Factory  Inspector  or  by  one  of  his  deputies,  and  who 
shall  have  issued  a  printed  permit  to  the  person  in  charge  of  such 
workshop,  stating  that  the  same  is  in  a  clean  and  safe  and  sanitary 
condition,  and  fixing  the  maximum  limit  to  the  number  of  persons 
who  may  be  employed  therein;  the  permit  to  be  posted  and  kept 
posted  in  a  conspicuous  place  in  such  workshop:  Provided,  That 
this  section  shall  not  apply  to  any  workshop  wherein  the  afore¬ 
said  articles  or  goods  are  manufactured  for  the  general  trade,  and 
are  to  be  sold  and  delivered  in  or  upon  the  premises,  and  are  not 
manufactured,  or  partially  manufactured,  under  a  bargain  or  con¬ 
tract  with  any  person,  firm  or  corportion  employed  in  the  manufac¬ 
ture  and  sale  of  the  article  aforesaid. 

Section  16.  Whenever  the  sanitary  conditions  of  any  workshop, 
as  defined  in  section  fifteen,  is  dangerous  to  the  health  and  safety 
of  the  employes  therein  or  to  the  public,  the  Chief  Factory  Inspector 
or  his  deputy  shall  cancel  the  permit  aforesaid,  and  shall  order  that 
the  workshop  be  vacated  until  the  provisions  of  this  act  shall  have 
been  complied  with  and  the  workshop  restored  to  proper  sanitary 
condition. 

Section  17.  All  persons,  firms  and  corporations  engaged  in  the 
manufacture  or  baking  of  bread,  cakes,  crackers,  pastry,  pretzels  or 
macaroni,  for  public  sale,  shall  keep  their  room  or  rooms  for  baking, 
mixing,  storing,  or  sale  of  flour  or  other  grain  products  separate 


32 


and  apart  from  any  sleeping-room,  water-closet,  urinal,  defective- 
drain  or  sewer  pipe,  and  shall  not  permit  the  harboring  of  any 
domestic  animal  therein.  The  floors  of  all  baking,  mixing,  storing 
and  salesrooms  shall  be  kept  clean  and  tightly  joined  and  free  from 
crevices,  and  the  walls  and  ceilings  shall  be  painted,  kalsomined  or 
whitewashed  as  often  as  twice  in  each  year,  and  oftener  if,  in  the 
opinion  of  the  Chief  Factory  Inspector  or  his  deputy,  the  safety  of 
the  employes  or  the  public  shall  require. 

Section  18.  When  the  foregoing  provisions  of  section  seventeen 
are  complied  with,  the  Chief  Factory  Inspector  or  his  deputy  shall 
issue  to  the  owner  or  person  in  charge  of  such  bake-shop  a  permit 
stating  that  the  same  is  in  a  clean  and  sanitary  condition;  which 
permit  shall  be  posted  and  kept  posted  in  the  office  or  salesroom  of 
the  bakeshop  aforesaid;  but  when  any  of  the  foregoing  provisions  of 
section  seventeen  are  not  being  complied  with  in  any  bake-shop,  the 
Chief  Factory  Inspector  or  his  deputy  shall  issue  to  the  person  in 
charge,  or  his  representative,  a  written  order  to  comply  with  the 
law  aforesaid,  within  ten  days;  or  he  may  order  the  closing  of  any 
such  bake-shop  until  the  order  shall  have  been  complied  with,  should 
the  safety  of  the  employes  or  the  public,  in  his  opinion,  so  require. 

Section  19.  All  boilers  used  for  generating  steam  or  heat  in  any 
establishment  shall  be  kept  in  good  order,  and  the  owner,  agent  or 
lessee  of  such  establishment  shall  have  said  boilers  inspected  by  a 
casualty  company  in  which  said  boilers  are  insured,  or  by  any  other 
competent  person  approved  by  the  Chief  Factory  Inspector,  once 
in  twelve  months,  and  shall  file  a  certificate  showing  the  result 
thereof,  in  the  office  of  such  establishment  ,and  shall  send  a  dupli¬ 
cate  thereof  to  the  Department  of  Factory  Inspection.  Each  boiler 
or  nest  of  boilers  used  for  generating  steam  or  heat  in  any  establish¬ 
ment  shall  be  provided  with  a  proper  safety-valve  and  with  steam 
and  water-gauges,  to  show,  respectively,  the  pressure  of  steam  and 
the  height  of  water  in  the  boilers.  Every  boiler-house,  in  which  a 
boiler  or  nest  of  boilers  is  placed,  shall  be  provided  with  a  steam 
gauge  properly  connected  with  the  boilers,  and  another  steam-gauge 
shall  be  attached  to  the  steam  pipe  in  the  engine  house,  and  so 
placed  that  the  engineer  or  fireman  can  readily  ascertain  the  pres¬ 
sure  carried.  Nothing  in  this  section  shall  apply  to  boilers  which  are 
regularly  inspected  by  competent  inspectors,  acting  under  local  laws 
and  ordinances. 

Section  20.  It  shall  be  the  duty  of  the  owner  or  superintendent  of 
any  establishment  to  report,  in  writing,  to  the  Chief  Factory  In¬ 
spector  every  serious  accident  or  serious  injury  done  to  any  person 
in  his  or  her  employ,  where  such  accident  or  serious  injury  occurred 
in  or  about  the  premises  where  employed,  within  twenty-four  hours 
after  the  accident  or  injury  occurs,  stating  as  fully  as  possible  the 
cause  of  such  accident  or  injury;  and  in  all  fatal  and  serious  acci¬ 
dents  the  Chief  Factory  Inspector  or  his  deputy  may  subpoena  wit¬ 
nesses,  administer  oaths,  and  do  whatever  may  be  necessary  in  order 
to  make  a  thorough  and  complete  investigation  of  the  same:  Pro¬ 
vided  however,  That  the  provisions  of  this  section  shall  not  be  con¬ 
structed  as  interfering  with  the  duties  of  coroners,  under  existing 
laws. 

Section  21.  It  shall  be  the  duty  of  the  owner,  superintendent,  as¬ 
sistant  or  person  in  charge  of  any  establishment  to  furnish,  from 


33 


time  to  time,  to  the  Chief  Factory  Inspector  or  his  deputy  any  infor¬ 
mation  required  by  the  provisions  of  this  act,  and  the  Chief  Factory 
Inspector  and  his  deputies  shall  have  authority  to  inspect  any  sucn 
establishment,  at  any  time,  for  the  purpose  of  enforcing  the  pro¬ 
visions  of  this  act. 

Section  22.  That  wherever  the  law  makes  it  the  duty  of  the  owner, 
lessee,  or  other  person  in  charge  of  any  building,  or  room  or  rooms  in 
any  building,  to  erect  and  maintain  fire-escapes,  or  appliances  for 
the  extinguishment  of  fire,  or  for  proper  and  sufficient  exits  in  case 
of  fire  or  panic,  the  Chief  Factory  Inspector  or  his  deputy  shall  in¬ 
spect  all  said  buildings,  or  the  room  or  rooms  in  said  buildings,  and 
notify  the  owners,  lessees,  or  other  persons  in  charge  of  same,  to 
comply  with  said  law.  And  all  fire  escapes,  exits  and  fire  extinguish¬ 
ing  appliances  shall  be  provided  and  located  by  order  of  the  Chief 
Factory  Inspector  of  his  deputy,  and  shall  be  subject  to  the  approval 
of  the  Chief  Factory  Inspector  or  his  deputy:  Provided,  That  the 
provisions  of  this  section  shall  not  apply  to  cities  of  the  first  and 
second  classes. 

Section  23.  Any  person  who  violates  any  of  the  provisions  of  the 
foregoing  sections  of  this  act,  or  who  suffers  any  female,  minor  or  a 
child  to  be  employed  in  or  about  his  or  her  establishment,  in  viola¬ 
tion  of  any  of  the  .provisions  of  the  foregoing  sections  of  this 
act,  or  who,  being  authorized  to  administer  oaths,  shall  violate  any 
of  the  provisions  of  sections  five  and  six  of  this  act,  shall  be  deemed 
guilty  of  misdemeanor,  and,  on  conviction,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  and  not  more 
than  five  hundred  dollars,  or  an  imprisonment  in  the  county 
jail  for  a  term  not  less  than  ten  days  nor  more  than  sixty  days, 
for  each  and  every  such  violation.  In  all  cases  the  prosecutor  shall 
be  instituted,  in  the  name  of  the  Commonwealth,  by  the  deputy 
factory  inspector  of  the  district  where  the  offense  is  alleged  to  have 
been  committed,  and%  the  hearing  shall  be  conducted  by  alderman, 
justtice  of  the  peace  or  other  committing  magistrate  before  whom 
the  information  is  lodged.  After  full  hearing  of  the  parties  in  in¬ 
terest,  the  alderman,  justice  of  the  peace  or  other  committing  magis¬ 
trate  shall,  if  the  evidence  warrants  it,  impose  the  penalty  herein 
provided,  which  shall  be  final  to  the  parties  against  whom  the  penalty 
is  imposed  shall  furnish  good  and  sufficient  bail  for  his  or  her  appear¬ 
ance  at  the  next  term  of  the  court  of  quarter  sessions  of  the  county 
wherein  the  offense  is  alleged  to  have  been  committed. 

(Sections  25-27,  inclusive,  relate  to  the  conduct  of  the  Factory  In¬ 
spection  Department,  since  merged  in  the  Department  of  Labor  and  In¬ 
dustry.  The  final  section  (28)  contains  the  usual  repealing  clause.) 


3 


34 


FIRE  AND  PANIC  ACT  OF  MAY  3,  1909. 

(Pamphlet  Laws,  page  417.  No.  233.) 

AN  ACT 

For  the  safety  of  persons  from  fire  or  panic  in  certain  buildings,  not  in  cities  of 
the  first  and  second  classes,  by  providing  proper  exits,  fire-escapes,  fire-extin¬ 
guishers,  and  other  preventatives  of  fire,  by  vesting  jurisdiction  for  the  enforce¬ 
ment  of  this  act  in  the  Department  of  Factory  Inspection ;  and  by  providing 
proper  penalties  for  any  violation  of  the  same. 

Section  1.  Be  it  enacted,  &c.,  That  every  building  in  this  Com¬ 
monwealth,  other  than  buildings  situated  in  cities  of  the  first  and 
second  classes,  having  more  than  two  stories,  and  buildings  having 
one  or  more  galleries  above  the  first  or  ground  floor,  now  used  or 
hearafter  to  be  used,  in  whole  or  in  part,  as  a  public  building,  office 
building,  and  not  of  fireproof  construction,  public  or  private  insti¬ 
tution,  sanitorium,  surgical  institute,  asylum,  hospital,  schoolhouse, 
academy,  dormitory,  college,  theatre,  public  hall,  lodge  hall,  or 
place  of  public  resort;  and  every  building  in  which  persons  are 
usually  employed  above  the  second  story,  in  a  factory,  workshop,  or 
mercantile  establishment;  every  hotel,  restaurant,  apartment-house, 
boarding-house,  or  lodge-house,  in  which  persons  reside  or  lodge 
above  the  second  story;  and  every  tenement-house,  apartment-house, 
or  flat  occupied  by  two  or  more  families  above  the  first  story,  shall 
be  provided  with  proper  ways  of  egress,  or  means  of  escape  from  fire, 
sufficient  for  the  use  of  all  persons  accommodated,  assembled,  em¬ 
ployed,  lodged,  or  residing  therein;  and  such  ways  of  egress  and 
means  of  escape  shall  be  kept  free  from  obstruction,  in  good  repair, 
and  ready  for  use,  at  all  times ;  and  all  rooms  above  the  second  story 
in  said  buildings  shall  be  provided  with  more  than  one  way  of 
egress,  or  escape  from  fire,  which  shall  be  placed  as  near  as  practical 
at  opposite  ends  or  sides  of  the  room,  and  leading  to  fire-escapes  on 
the  outside  of  such  buildings  or  to  stairways  on  the  inside.  Where 
any  of  said  buildings  is  designated  for  the  use  or  occupancy  of  fifty 
or  more  persons,  the  external  doors  of  the  same  shall  open  outward, 
and  be  so  constructed  or  arranged  as  to  afford,  when  open,  an  un¬ 
obstructed  external  passage-way  of  not  less  than  five  feet  in  the 
clear,  and  shall  have  landings,  inside  of  the  external  doorways  of 
dimensions  not  less  than  four  feet  between  the  external  doors  and 
the  adjoining  stairways,  said  landings  to  be  of  a  width  not  less  than 
the  stairway  approaches  thereto. 

Section  2.  In  all  theatres,  opera  houses,  or  other  buildings,  where 
stage  scenery,  moving  pictures  or  other  apparatus  is  used,  there  shall 
be  provided  one  or  more  direct  exterior  doorways  from  the  stage, 
and  for  dressing-rooms  under  the  stage  a  direct  exterior  doorway 
shall  be  provided;  and  all  said  doorways  shall  be  not  less  than  three 
feet  in  width,  and  the  passage-ways  to  and  from  the  same  shall  be 
unobstructed  and  properly  lighted.  Neither  on  or  about  the  stage, 
auditorium,  or  galleries  shall  any  inflammable  or  explosive  oil  be 
used  for  lighting  purposes ;  and  all  lights  on  or  about  the  stage,  and 
electric  wires  and  appliances  for  electric  switches,  shall  be  safely 


35 


guarded.  All  drop-curtains  and  sky-borders  shall  be  of  an  approved 
non-combustible  substance;  and  on  bach  side  of  the  stage  standpipes 
of  at  least  two  inches  in  diameter  shall  be  provided,  with  hose  and 
attachments  of  not  less  than  one  and  one-half  inches  in  diameter,  and 
of  proper  and  sufficient  quantity.  There  shall  also  be  provided,  for 
each  side  of  the  stage,  not  less  than  two  fire-extinguishers,  and  one 
cask  of  not  less  than  forty-two  gallons  capacity,  which  shall  be  kept 
full  of  water,  and  two  buckets  for  each  cask;  buckets  and  casks 
to  be  painted  red  and  kept  in  readiness  for  immediate  use.  All 
auditoriums  and  galleries  of  said  buildings,  as  described  in  this  sec¬ 
tion,  shall  be  provided  with  a  center  aisle  and  two  side  aisles,  each 
of  a  width  of  not  less  than  four  feet  in  the  clear,  and  providing  a 
continuous  unobstructed  passage  way  to  the  main  exits  and  to  the 
exits  leading  to  the  fire-escapes ;  and  the  words  “Exit  to  fire-escape,” 
in  large  legible  illuminated  letters  shall  be  posted  and  kept  posted 
before  each  fire-escape  exit;  and  all  exits  shall  open  outward,  and 
shall  be  kept  unlocked  and  ready  for  instant  use,  from  the  opening  of 
said  buildings  to  the  close  of  each  and  every  entertainment  therein. 

Section  3.  In  addition  to  the  foregoing  means  of  escape  from 
fire,  all  such  buildings  as  are  enumerated  in  section  one  of  this  act 
that  are  more  than  two  stories  in  height,  and  buildings  having  one 
or  more  galleries  above  the  first  floor,  shall  have  one  or  more  fire- 
escapes  on  the  outside  of  said  buildings,  as  may  be  directed  by  the 
Chief  Factory  Inspector  or  a  deputy  factory  inspector,  except  in 
such  cases  as  he  may  deem  such  fire-escape  to  be  unnecessary,  in 
consequence  of  adequate  provision  having  been  already  made  for 
safety  in  event  of  fire  or  panic;  and  in  such  cases  of  exemption,  the 
said  Chief  Factory  Inspector  or  a  deputy  factory  inspector  shall 
give  the  owner,  lessee,  or  occupant  of  said  building  a  certificate  to 
that  effect,  and  his  reason  therefor.  And  such  fire-escapes  as  are 
provided  for  in  this  section  shall  be  of  wrought  iron,  constructed  ac¬ 
cording  to  specifications  to  be  issued  or  approved  by  the  Department 
of  Factory  Inspection,  and  shall  be  connected  with  each  floor  above 
the  first,  firmly  fastened  and  secured,  and  of  sufficient  strength  to 
sustain  a  weight  of  not  less  than  four  hundred  pounds  per  step, 
on  a  safety  factor  of  four;  each  of  which  fire-escapes  shall  have 
landings  or  balconies  at  each  story,  capable  of  sustaining  a  weight 
of  not  less  than  eighty  pounds  per  square  foot,  guarded  by  railings, 
not  less  than  three  feet  in  height,  and  embracing  one  or  more  win¬ 
dows  or  doors  at  each  story,  and  connected  with  the  interior  by 
easily  accessible  and  unobstructed  openings;  and  all  the  balconies 
or  landings  shall  be  connected  by  external  iron  stairways,  placed  at 
a  slant  of  not  more  than  forty-five  degrees,  protected  by  well  secured 
handrails ;  the  stairway  steps  to  be  not  less  than  six  inches  in  width 
and  twenty-four  inches  in  length.  Fire-escapes  now  in  use  and  here¬ 
after  erected  must  be  painted  once  a  year,  and  be  kept  in  safe  condi¬ 
tion  and  up  to  the  standard  requirements  of  this  section. 

Section  4.  That  where  any  of  the  aforementioned  buildings  are 
so  constructed  that  a  fire-escape  cannot  be  erected  upon  the  same 
without  trespassing  upon  the  property  of  the  owner  or  owners  of 
adjoining  lands  or  buildings,  and  where  permission  to  erect  fire- 
escapes  has  been  refused  by  said  owners  of  adjoining  lands  or  build¬ 
ings,  it  shall  be  the  duty  of  the  owner  or  owners  of  any  of  the  afore- 


36 


mentioned  buildings,  constructed  as  aforesaid,  to  erect  an  internal 
fireproof  means  of  escape,  the  same  to  be  located  and  erected  under 
the  direction  of  the  Chief  Factory  Inspector.  Should  the  construc¬ 
tion  of  any  of  the  aforesaid  buildings  be  such  as  will  neither  permit 
of  an  external  iron  fire-escape  nor  of  an  internal  fire-proof  escape, 
it  is  hereby  enjoined  upon  the  Chief  Factory  Inspector  to  notify,  in 
writing,  the  owner  or  owners  of  any  building,  so  constructed,  to 
discontinue  the  occupancy  of  the  whole  or  a  part  of  said  building 
for  any  of  the  purposes  which  make  said  building  amenable  to  the 
fire-escape  provisions  of  this  act. 

Section  5.  To  better  secure  compliance  with  the  provisions  of  the 
foregoing  sections  of  this  act,,  the  owner  or  owners  of  any  building 
now  used  for  other  purpose  than  aforesaid,  which  is  to  be  adapted 
to  any  of  the  aforesaid  uses,  or  of  any  building  to  be  erected  for  any 
of  the  aforesaid  purposes,  shall,  before  adapting  or  erecting  any  such 
building,  submit  to  the  Chief  Factory  Inspector  architectural  designs 
and  specifications  of  such  building,  showing  that  compliance  with 
the  requirements  of  the  foregoing  sections  is  provided  for  therein, 
and  such  building  shall  not  be  so  adapted  or  erected  without  the 
approval  of  the  Chief  Factory  Inspector. 

Section  6.  The  owner  or  owners  of  any  of  the  buildings  mentioned 
in  the  foregoing  provisions  of  this  act,  who  shall  wilfully  fail  or 
refuse  to  comply  with  the  provisions  of  this  act,  or  who  shall  wil¬ 
fully  fail  or  refuse  to  observe  the  orders  for  the  enforcement  of  this 
act,  issued  to  said  owner  or  owners  by  the  Chief  Factory  Inspector 
or  a  deputy  factory  inspector,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and,  on  conviction  thereof,  shall  be  punished  by  a  fine  of 
five  hundred  dollars,  or  six  months  imprisonment,  or  either  or  both, 
in  the  discretion  of  the  court.  And  in  case  of  fire  occurring  in  any 
of  said  buildings,  in  the  absence  of  such  doorways,  landings,  exits, 
fire-escapes  or  fire  preventatives,  as  provided  for  in  this  act,  the 
owner  or  owners  aforesaid  shall  be  liable  for  damages,  in  case  of 
death  or  personal  injury,  the  result  of  fire  or  panic  in  any  of  said 
buildings;  and  such  action  for  damages  may  be  maintained  by  any 
person  now  authorized  by  law  to  sue,  as  in  other  case  of  loss  by 
death  or  injuries. 

Section  7.  All  acts  and  parts  of  acts  inconsistent  with  the  provi¬ 
sions  of  this  act  are  hereby  repealed. 


FIRE  DRILL  ACT  OF  JUNE  7,  1911. 

(Pamphlet  Laws,  page  677.) 

AN  ACT 

To  require  fire  drills  in  factories  and  industrial  establishments,  where  women  or 
girls  are  employed ;  providing  for  the  promulgation  of  rules  in  respect  thereto,  and 
providing  penalties  for  the  violation  thereof. 

Section  1.  Be  it  enacted,  &c.,  That  in  all  factories  and  industrial 
establishments  where  women  or  girls  are  employed,  and  where  fire- 
escapes,  appliances  for  the  extinguishment  of  fires,  or  proper  and  suffi- 


37 


dent  exits  in  case  of  fires  or  panic,  either  or  all,  are  required  by  law  to 
be  maintained,  fire  drills  shall  be  periodically  conducted,  not  less  than 
once  a  month,  by  the  person  or  persons  in  charge,  under  rules  and 
regulations  to  be  promulgated,  in  cities  of  the  first  and  second  classes, 
by  the  Fire  Marshal,  and,  elsewhere  in  the  Commonwealth,  by  the 
Chief  Factory  Inspector,  in  which  the  persons  employed  in  such  fac¬ 
tories  or  establishments  shall  be  instructed  in,  and  made  thoroughly 
familiar  with,  the  use  of  the  said  fire-escapes,  appliances,  and  exits; 
which  said  drill  shall  include  the  actual  use  of  the  same,  and  the 
complete  removal  of  the  persons,  in  an  expeditious  and  orderly  man¬ 
ner,  by  means  of  such  fire-escapes  and  exits,  from  the  building  to 
a  place  of  safety  on  the  ground  outside. 

Section  2.  The  Fire  Marshal  and  his  assistants  in  cities  of  the 
first  and  second  class,  and  the  Chief  Factory  Inspector  and  several 
deputy  inspectors  elsewhere  in  the  Commonwealth,  are  hereby  re¬ 
quired  to  see  that  the  provisions  of  this  act  are  faithfully  carried  out. 

Section  3.  Any  person  who  violates  or  fails  to  comply  with  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  on  con¬ 
viction  shall  be  sentenced  to  pay  a  fine  of  not  less  than  twenty-five 
dollars  ($25.00)  nor  more  than  five  hundred  dollars  ($500.00),  and  to 
undergo  imprisonment  in  the  county  jail  for  not  less  than  ten  days 
nor  more  than  sixty  days,  either  or  both. 


FOUNDRY  ACT  OF  JUNE  7,  1911. 

(Pamphlet  Laws,  page  673.) 

AN  ACT 

Requiring  founderies  to  be  provided  with  toilet  room  and  water  closet;  regulating 
same;  and  providing  a  penalty  for  violation  thereof. 

Section  1.  Be  it  enacted,  &c.,  That  every  person,  firm,  or  cor¬ 
poration,  being  the  owner  or  lessee  of  any  foundry  for  the  casting 
of  iron,  steel,  brass,  or  other  metal,  wherein  ten  or  more  men  shall 
be  employed,  shall  cause  to  be  established  and  maintained  in  a  place 
conveniently  accessible,  and  connected  with  said  foundry  in  such 
a  manner  that  access  thereto  can  be  had  without  exposure  to  the  open 
air,  a  toilet-room  of  suitable  size,  wherein  said  employes  may  change 
their  clothes;  such  toilet-room  shall  be  provided  with  wash-bowls, 
sinks,  or  other  suitable  fixed  appliances,  duly  connected  and  supplied 
with  running  hot  and  cold  water.  There  shall  also  be  established 
and  maintained,  separate  from  said  toilet-room,  a  suitable  water- 
closet.  It  shall  be  the  duty  of  the  factory  inspector  or  his  duly 
authorized  agent  to  enforce  the  provisions  of  this  act.  For  that 
purpose  the  factory  inspector  or  his  duly  authorized  agent  may 
enter  at  any  reasonable  time  any  foundry  for  the  purpose  of  in¬ 
specting  the  same  to  ascertain  whether  the  provisions  of  this  act  have 
been  complied  with. 

(The  portion  of  the  above  appearing  in  italics  was  inserted  by  amend¬ 
ment  of  April  4,  1913.  P.  L.  42.  No.  32.) 


38 


Section  2.  The  said  toilet  room  and  the  said  water  closet  shall 
be  connected  with  the  foundry  building  in  such  a  way  that  access 
thereto  may  be  had  without  exposure  to  the  open  air  and  shall  be 
properly  heated,  ventilated,  cleaned  and  protected,  so  far  as  reason¬ 
ably  practicable,  from  the  dust  of  such  foundry. 

Section  3.  Any  person,  firm,  or  corporation  who  or  which  shall* 
violate  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof  before  any  magistrate,  aider- 
man,  or  justice  of  the  peace,  shall  be  sentenced  to  a  fine  not  exceeding 
one  hundred  dollars. 


LEAD  POISONING  ACT  OF  JULY  26,  1913. 

(Pamphlet  Laws,  page  1363.  No.  851.) 

AN  ACT 

To  prevent  occupational  diseases;  and  to  provide  for  the  health  of  employees 
exposed  to  the  danger  of  lead-poisoning  and  other  occupational  diseases,  by  regu¬ 
lating  certain  manufacturing  establishments;  providing  for  medical  examinations 
and  reports,  and  requiring  sanitary  precautions  and  appliances;  and  making 
violation  of  its  provisions  a  misdemeanor,  and  providing  penalties  for  violation 
thereof. 

Section  1.  Be  it  enacted,  &c.,  That  every  employer  shall,  without 
cost  to  the  employes,  provide  reasonably  effective  devices,  means, 
and  methods  to  prevent  the  contraction  by  his  employes  of  any  ill¬ 
ness  or  disease  incident  to  the  work  or  process  in  which  such  em¬ 
ployes  are  engaged  in  the  industries  and  occupations  specified  in 
section  two  of  this  act. 

Section  2.  Every  work  or  process  in  the  manufacture  of  white 
lead,  red  lead,  litharge,  sugar  of  lead,  arsenate  of  lead,  lead  chromate, 
lead  sulphate,  lead  nitrate,  or  flua-silicate'  is  hereby  declared  to  be 
especially  dangerous  to  the  health  of  the  employes  who,  while  en¬ 
gaged  in  such  work  or  process  are  exposed  to  lead  dusts,  lead  fumes, 
or  lead  solutions. 

Section  3.  Every  employer  shall,  without  cost  to  the  employes, 
provide  the  following  devices,  means,  and  methods  for  the  protection 
of  his  employes,  who,  while  engaged  in  any  work  or  process  included 
in  section  two,  are  exposed  to  lead  dusts,  lead  fumes,  or  lead  solu¬ 
tions  : — 

(a).  The  employer  shall  provide  and  maintain  work-rooms,  ade¬ 
quately  lighted  and  ventilated,  and  so  arranged  that  there  is  a  con¬ 
tinuous  and  sufficient  change  of  air;  and  all  such  rooms  shall  be 
fully  separated  by  partition  walls  from  all  departments  in  which  the 
work  or  process  is  of  non-dusty  character;  and  all  such  rooms  shall 
be  provided  with  a  floor  permitting  an  easy  removal  of  dust  by  wet 
methods  of  vacuum  cleaning,  and  all  such  floors  shall  be  so  cleaned 
daily. 

Every  work  or  process  referred  to  in  section  two,  including  the 
corroding  or  oxidizing  of  lead,  and  the  crushing,  mixing,  sifting, 
grinding  and  packing  of  all  lead  salts  or  other  compounds  referred 
to  in  section  two,  shall  be  so  conducted,  and  such  adequate  devices 


39 


provided  and  maintained  by  the  employer,  as  to  protect  the  em¬ 
ploye  as  far  as  possible  from  contact  with  lead  dust  or  lead  fumes. 
Every  kettle,  vessel,  receptacle,  or  furnace  in  which  lead,  in  any 
form  referred  to- in  section  two,  is  being  melted  or  treated,  and  any 
place  where  the  contents  of  such  kettles,  receptacles,  or  furnaces  are 
discharged,  shall  be  provided  with  a  hood  connected  with  an  efficient 
air-exhaust;  all  vessels  or  containers,  in  which  dry  lead  in  any 
chemical  form  or  combination  referred  to  in  section  two  is  being 
conveyed  from  one  place  to  another  within  the  factory,  shall  be 
equipped,  at  the  places  where  the  same  are  filled  or  discharged,  with 
hoods  having  connection  with  an  efficient  air-exhaust;  and  all  hop¬ 
pers,  chutes,  conveyors,  elevators,  separators,  vents  from  separators, 
dumps,  pulverizers,  chasers,  dry  pans,  or  other  apparatus  for  drying 
pulp  lead,  dry-pans,  dump,  and  all  barrel  packers  and  cars,  or  other 
receptacles  in  to  which  corrosions  are  at  the  time  being  emptied,  shall 
be  connected  with  an  efficient  dust-collecting  system ;  such  system  to 
be  regulated  by  the  discharge  of  air  from  a  fan,  pump,  or  other  ap¬ 
paratus,  either  through  a  cloth  dust-collector,  having  an  area  of  not 
less  than  one-half  square  foot  of  cloth  to  every  cubic  foot  of  air 
passing  through  it  per  minute,  the  dust:collector  to  be  placed  in  a 
separate  room,  which  no  employe  shall  be  required  or  allowed  to 
enter  except  for  essential  repairs  while  the  works  are  in  operation, 
or  such  other  apparatus  as  will  efficiently  remove  the  lead  dusts  from 
the  air  of  the  workrooms. 

(b)  The  employer  shall  provide  a  wash-room,  or  rooms,  which 
shall  be  separate  from  the  work  rooms,  be  kept  clean,  and  be  equipped 
with  : 

(1)  Lavatory  basins,  fitted  with  waste-pipes  and  two  spigots 
conveying  hot  and  cold  water;  or 

(2)  Basins  placed  in  troughs  fitted  with  waste-pipes,  and  for 
each  basin  two  spigots  conveying  hot  and  cold  water;  or 

(3)  Troughs  of  enamel  or  similar  smooth  impervious  material, 
fitted  with  waste  pipes,  and  for  every  two  feet  of  trough  length  two 
spigots  conveying  hot  and  cold  water. 

Where  basins  are  provided  there  shall  be  at  least  one  basin  for 
every  five  such  employes;  and  where  troughs  are  provided,  at  least 
two  feet  of  trough  length  for  every  five  such  employes.  The  em¬ 
ployer  shall  also  furnish  nail-brushes  and  soap,  and  shall  provide 
at  least  three  clean  towels  per  week  for  each  such  employe.  A 
time  allowance  of  not  less  than  ten  minutes,  at  the  employer’s  ex¬ 
pense,  shall  be  made  to  each  such  employe  for  the  use  of  said  wash¬ 
room  before  the  lunch  hour  and  at  the  close  of  the  day’s  work. 

The  employer  engaged  in  the  manufacture  of  white  lead,  red  lead, 
litharge,  sugar  of  lead,  arsenate  of  lead,  lead  chromate,  lead  sulphate, 
lead  nitrate,  or  fluo-silicate  shall  also  provide  at  least  one  shower- 
bath  for  every  ten  such  employers.  The  baths  shall  be  approached 
by  wooden  runways,  be  provided  with  movable  wooden  floor  gratings, 
be  supplied  with  controlled  hot  and  cold  water,  and  be  kept  clean. 
The  employer  shall  furnish  soap,  and  shall  provide  at  least  two  clean 
bath  towels  per  week  for  each  such  employe.  An  additional  time 
allowance  of  not  less  than  ten  minutes,  at  the  employer’s  expense, 
shall  be  made  to  each  such  employe  for  the  use  of  said  baths,  at  least 
twice  a  week,  at  the  close  of  the  day’s  work.  The  employer  shall  keep 


40 


a  record  of  each  time  that  such  baths  are  used  by  each  employe, 
which  record  shall  be  open  to  inspection  at  all  reasonable  times  by 
the  State  Department  of  Labor  and  Industry,  and  also  by  the  State 
Department  of  Health. 

(c)  The  employer  shall  provide  a  dressing-room,  or  rooms  which 
shall  be  separate  from  the  workrooms,  be  furnished  with  a  double 
sanitary  locker  or  two  single  sanitary  lockers  for  each  such  em¬ 
ploye  and  be  kept  clean. 

(d) .  The  employer  shall  provide  an  eating-room  or  eating-rooms, 
which  shall  be  separate  from  the  work-rooms,  be  furnished  with  a 
sufficient  number  of  tables  and  seats,  and  be  kept  clean.  No  employe 
shall  take,  or  be  allowed  to  take,  any  food  or  drink  of  any  kind  into 
any  workroom,  nor  shall  any  employe  remain,  or  be  allowed  to  re¬ 
main,  in  any  workroom  during  the  time  allowed  for  his  meals. 

(e) .  The  employer  shall  provide  and  maintain  a  sufficient  num¬ 
ber  of  sanitary  drinking-fountains,  readily  accessible  for  the  use  of 
employes. 

(f) .  The  employer  shall  provide  at  least  one  pair  of  overalls  and 
one  pair  of  jumpers  for  each  such  employe,  and  repair  or  renew 
such  clothing  when  necessary,  and  wash  the  same  weekly. 

(g) .  The  employer  shall  provide,  and  renew  when  necessary,  at 
least  one  reasonably  effective  respirator  for  each  employee  who  is 
engaged  in  any  work  or  process  included  in  section  two. 

Section  4.  Every  employe  who,  while  engaged  in  any  work  or 
process  included  in  section  two,  is  exposed  to  lead  dusts,  lead  fumes, 
or  lead  solutions,  shall — 

(a) .  Use  the  washing  facilities  provided  by  the  employer  in  accord 
with  section  three  (b),  and  wash  himself  at  least  as  often  as  a  time 
allowance  is  therein  granted  for  such  use;. 

(b) .  Use  the  eating-room  provided  by  the  employer  in  accord  with 
section  three  (d),  unless  the  employe  goes  off  the  premises  for  his 
meals ; 

.(c).  Put  on,  and  wear  at  all  times  while  engaged  in  such  work 
or  process,  a  suit  of  the  clothing  provided  by  the  employer  in  accord 
with  section  three  (f),  and  remove  the  same  before  leaving  at  the 
close  of  the  day’s  work,  and  keep  his  street  clothes  and  his  working 
clothes,  when  not  in  use,  in  separate  lockers  or  separate  parts  of  the 
locker  provided  by  the  employer  in  accord  with  section  three  (c). 

(d).  Keep  clean  the  respirators  provided  by  the  employer  in 
accord  with  section  three  (g),  and  use  one  at  all  times  while  he  is 
engaged  in  any  work  or  process  included  in  section  two  of  this  act. 

Section  5.  The  employer  shall  post  in  a  conspicuous  place  in 
every  workroom  where  any  work  or  process  included  in  section  two 
is  carried  on,  in  every  room  where  washing  facilities  are  provided, 
and  in  every  dressing-room  and  eating-room,  a  notice  of  the  known 
dangers  arising  from  such  work  or  process,  and  simple  instructions 
for  avoiding  as  far  as  possible  such  dangers.  The  Commissioner  of 
Labor  and  Industry  shall  prepare  a  notice  containing  the  provisions 
of  this  act,  and  shall  furnish  free  of  cost  a  reasonable  number  of 
copies  thereof  to  every  employer  included  in  section  two,  and  the 
employer  shall  post  copies  thereof  in  the  manner  hereinbefore  stated. 
The  notices  required  in  this  section  shall  be  printed  in  plain  type, 
on  cardboard,  and  shall  be  in  English  and  in  such  other  languages 
as  the  circumstances  may  reasonably  require.  The  contents  of  such 


41 


notices  shall  be  explained  to  every  employe  by  the  employer,  when 
the  said  employe  enters  employment  in  such  work  or  process;  inter¬ 
preters  being  provided  by  the  employer  when  necessary  to  carry  out 
the  above  requirements. 

Section  6.  The  employer  shall  cause  every  employee  who  while 
engaged  in  any  work  or  process  included  in  section  two,  is  exposed 
to  lead  dusts,  lead  fumes,  or  lead  solutions,  to  be  examined  at  least 
once  a  month,  for  the  purpose  of  ascertaining  if  symptoms  of  lead¬ 
poisoning  appear  in  any  employe.  The  employe  shall  submit  him¬ 
self  to  the  monthly  examination,  and  to  examination  at  such  other 
times  and  places'  as  he  may  reasonably  be  requested  by  the  employer, 
and  he  shall  fully  and  truly  answer  all  questions  bearing  on  lead¬ 
poisoning  asked  him  by  the  examining  physician.  The  examinations 
shall  be  made  by  a  licensed  physician,  designated  and  paid  by  the 
employer,  and  shall  be  made  during  the  working  hours,  a  time  al¬ 
lowance  therefor  at  the  employer’s  expense  being  made  to  each  em¬ 
ploye  so  examined. 

Section  7.  Every  physician  making  an  examination,  under  section 
six,  and  finding  what  he  believes  to  be  symptoms  of  lead-poisoning, 
shall  enter,  in  a  book  kept  for  that  purpose  in  the  office  of  the  em¬ 
ployer,  a  record  of  such  examination,  containing  the  name  and  ad¬ 
dress  of  the  employe  so  examined,  the  particular  work  or  process 
in  which  he  is  engaged,  the  date,  place,  and  finding  of  such  exam¬ 
ination,  and  the  directions  given  in  each  case  by  the  physician.  The 
record  shall  be  open  to  inspection  at  all  reasonable  times  by  the 
State  Department  of  Labor  and  Industry  and  by  the  State  Depart¬ 
ment  of  Health. 

Within  forty-eight  hours  after  such  examination  and  finding,  the 
examining  physician  shall  send  a  report  thereof,  in  duplicate, — one 
copy  to  the  State  Department  of  Labor  and  Industry  and  one  to 
the  State  Department  of  Health.  The  report  shall  be  on,  or  in  conform¬ 
ity  with,  blanks  to  be  prepared  and  furnished  by  the  State  Depart¬ 
ment  of  Health,  free  of*  cost,  to  every  employer  included  in  section 
two,  and  shall  state:  (a)  name,  occupation,  and  address  of  employe; 
( b )  name,  business,  and  adress  of  employer;  (c)  nature  and  prob¬ 
able  extent  of  disease;  and  (d)  such  other  information  as  may  be 
reasonably  required  by  the  State  Department  of  Health. 

The  examination  physician  shall,  also,  within  the  said  forty-eight 
hours,  report  such  examination  and  finding  to  the  employer;  and 
after  five  days  from  such  report  the  employer  shall  not  continue 
the  said  employe  in  any  work  or  process  where  he  will  be  exposed 
to  lead  dusts,  lead  fumes,  or  lead  solutions,  included  in  section  two 
of  this  act. 

Section  8.  The  State  Department  of  Labor  and  Industry  shall 
enforce  this  act,  and  prosecute  all  violations  of  the  same.  The  of¬ 
ficers,  or  their  agents,  of  the  said  department,  shall  be  allowed  at 
all  reasonable  times  to  inspect  any  place  of  employment  included  in 
this  act. 

Every  employer  who,  either  personally  or  through  any  agent, 
violates  or  fails  to  comply  with  any  provisions  of  section  one  or 
section  three,  shall  be  guilty  of  a  misdemeanor  and  on  conviction,  for 
the  first  offense,  shall  be  sentenced  to  pay  a  fine  of  not  less  than 
one  hundred  ($100)  ^dollars,  nor  more  than  two  hundred  ($200)  dol- 


42 


lars ;  and  on  conviction  for  a  second  offense  shall  be  sentenced  to  pay 
a  fine  of  not  less  than  two  hundred  ($200)  dollars,  nor  more  than 
five  hundred  ($500)  dollars;  and  on  conviction  for  each  subsequent 
offense  shall  be  sentenced  to  pay  a  fine  of  not  less  than  three  hundred 
($300)  dollars,  nor  more  than  one  thousand  ($1,000)  dollars;  and  in 
each  case  he  shall  stand  committed  until  such  fine  and  the  costs 
are  paid,  or  until  he  is  otherwise  discharged  by  due  process  of  law. 

Every  employe  who  violates  or  fails  to  comply  with  any  provision 
of  section  four  shall  be  guilty  of  a  misdemeanor;  and  on  conviction, 
for  the  first  offense,  shall  be  sentenced  to  pay  a  fine  of  not  less  than 
ten  ($10)  dollars,  nor  more  than  twenty  ($20)  dollars;  and  on  con¬ 
viction  for  the  second  offense  shall  be  sentenced  to  pay  a  fine  of  not 
less  than  twenty  ($20)  dollars,  nor  more  than  fifty  ($50)  dollars; 
and  on  conviction  for  each  subsequent  offense,  not  less  than  thirty 
($30)  dollars,  nor  more  than  one  hundred  ($100)  dollars;  and  in 
each  case  he  shall  stand  committed  until  such  fine  and  the  costs 
are  paid,  or  until  he  is  otherwise  discharged  by  due  process  of  law. 

Every  employer  who,  either  personally  or  through  any  agent,  vio¬ 
lates  or  fails  to  comply  with  any  provisions  of  sections  five,  six  or 
seven  relating  to  him,  and  every  employe  who  violates  or  fails  to 
comply  with  the  provisions  of  section  six  relating  to  him,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  sentenced 
to  pay  a  fine  of  not  less  than  ten  ($10)  dollars,  nor  more  than  one 
hundred  ($100)  dollars. 

Section  10.  In  this  act,  unless  the  context  otherwise  requires, 
“employer”  includes  persons,  firms,  partnerships,  limited  partner¬ 
ships,  and  corporations. 

Section  11.  For  the  purpose  of  determining  the  constitutionality 
of  any  provisions  of  this  act,  section  one  hereof  is  declared  to  be 
independent  of,  and  separable  from  the  remaining  sections. 

Section  12.  This  act  shall  take  effect  on  the  first  day  of  October, 
one  thousand  nine  hundred  and  thirteen,  except  as  to  subdivisions 
(a),  (b),  (c),  and  (d)  of  section  three,  which  subdivisions  shall  take 
effect  as  follows: 

Subdivisions  (b),  (c),  and  (d)  of  section  three,  on  the  first  day  of 
October,  one  thousand  nine  hundred  and  fourteen; 

Subdivision  (a)  of  section  three,  on  the  first  day  of  October,  one 
thousand  nine  hundred  and  fifteen. 


MATTRESS  ACT  OF  MAY  1,  1913. 

As  Amended,  1915 
(Pamphlet  Laws,  page  134.  No.  90.) 

AN  ACT 

Defining  mattresses;  regulating  the  making,  remaking,  and  sale  thereof;  pro¬ 
hibiting  the  use  of  unsanitary  and  unhealthy  materials  therein ;  requiring  that 
the  materials  used  shall  be  accurately  described,  and  prescribing  the  manner  in 
which  mattresses  shall  be  labeled ;  providing  for  the  enforcement  of  the  provisions 
of  this  act;  making  certain  acts  criminal,  and  punishing  the  same;  imposing 
certain  duties  upon  the  Commissioner  of  Health  and  the  Chief  Factory  Inspector; 
and  repealing  legislation  inconsistent  with  this  act. 


43 


Definitions. 

Section  1.  Be  it  enacted,  &c.,  That  (1)  the  term  “mattress,”  as 
used  in  this  act,  shall  be  construed  to  mean  any  quilted  pad,  mat¬ 
tress,  mattress  pad,  bunk  quilt,  or  cushion,  stuffed  or  filled  with  wool, 
hair,  or  other  soft  material,  except  feathers,  to  be  used  on  a  couch 
or  other  bed  for  sleeping  or  reclining  purposes. 

(2)  The  term  “person”  as  used  in  this  act,  shall  be  construed  to 
include  all  individuals  and  all  firms  or  co-partnerships. 

(3)  The  term  “corporation,”  as  used  in  this  act,  shall  be  construed 
to  include  all  corporations,  companies,  associations,  and  joint-stock 
associations  or  companies. 

(4)  Whenever  the  singular  is  used  in  this  act  it  shall  be  construed 
to  include  the  plural;  whenever  the  masculine  gender  is  used  in 
this  act  it  shall  include  the  feminine  and  neuter  genders. 

Section  2.  (1)  No  person  or  corporation,  by  himself  or  his  agents, 

servants,  or  employes,  shall  employ  or  use  in  the  making,  remaking, 
or  renovating  of  any  mattress: 

(a)  Any  material  of  any  kind  that  has  been  used  in,  or  has  formed 
a  part  of,  any  mattress  used  for  or  about  any  person  having  any  in¬ 
fectious  or  contagious  disease; 

(b)  Any  material  known  as  “shoddy,”  and  made  in  whole  or  in 
part  from  old  or  worn  clothing,  carpets  or  other  fabrics,  or  material 
previously  used,  or  any  other  fabric  or  material  from  which  shoddy 
is  constructed; 

(c)  Any  material,  not  otherwise  prohibited  by  this  act,  of  which 
prior  use  has  been  made,  unless  the  said  material  has  been  thoroughly 
sterilized  and  disinfected  by  a  reasonable  process  approved  by  the 
Commissioner  of  Health  of  this  Commonwealth. 

(2)  No  person  or  corporation,  by  himself  or  by  his  agents,  servants, 
or  employes,  shall  sell,  lease ,  offer  to  sell,  or  lease  or  deliver,  or  con¬ 
sign  in  sale  or  lease ,  or  have  in  his  possession  with  intent  to  sell, 
lease ,  deliver,  or  consign  in  sale  or  lease: 

(a)  Any  mattress  that  has  been  used  for  or  about  any  person  hav 
ing  any  infectious  or  contagious  disease ; 

(b)  Any  mattress  made,  remade,  or  renovated  in  violation  of  sub¬ 
section  one  of  this  section ; 

(c)  Any  mattress,  not  otherwise  prohibited  by  this  act,  of  which 
prior  use  has  been  made,  unless  since  last  used  it  has  been  thoroughly 
sterilized  and  disinfected  by  a  reasonable  process  approved  by  the 
Commissioner  of  Health  of  this  Commonwealth. 

(The  foregoing  section  is  as  amended  by  the  Act  of  May  1,  1915, 
Pamphlet  Laws,  page  510,  No.  219.) 

Section  3.  (1)  No  person  or  corporation,  by  himself  or  by  his  agents, 
servants,  or  employes,  shall,  directly  or  indirectly,  at  wholesale  or 
retail,  or  otherwise,  sell,  lease,  offer  to  sell  or  lease,  or  consign  in 
sale  or  lease,  or  have  in  their  possession  with  intent  to  sell  or  lease, 
or  consign  in  sale  or  lease,  any  mattress  that  shall  not  have  plainly 
and  indelibly  written  or  printed  thereon,  or  upon  a  plain  muslin  or 
linen  tag  securely  sewed  to  the  covering  thereof,  a  statement  in  the 
English  language  setting  forth: 

(a)  The  materials  used  in  filling  said  mattress,  and  whether  the 
same  are,  in  whole  or  in  part,  new  or  old; 


44 


(b)  The  name  and  address  of  the  maker,  vendor,  or  successive 
vendors; 

(c)  And,  upon  a  mattress  of  which  prior  use  has  been  made,  the 
words  “Second-Hand,”  together  with  the  date  of  sterilization  and 
disinfection,  and  the  name  and  address  of  the  person  or  corporation 
sterilizing  or  disinfecting  the  same. 

No  additional  information  shall  be  contained  in  said  statement. 

(2)  No  person  or  corporation,  by  himself  or  by  his  agents,  servants, 
or  employes,  shall  place  upon  any  mattress  the  statements  required 
by  subsection  one  (a)  and  (b)  of  this  section  unless  said  mattress 
has  been  made,  remade,  or  renovated  by  him  in  accordance  ivith  this 
act;  and  no  person  or  corporation,  by  himself  or  his  agents,  servants, 
or  employes ,  shall  place  upon  any  mattress  the  statements  required 
by  subsection  one  (c)  of  this  section  unless  the  said  mattress  has  been 
sterilized  and  disinfected  by  him  in  accordance  with  this  act:  Pro¬ 
vided,  That  the  vendor,  in  either  case,  shall  insert  his  name  and  ad¬ 
dress  in  the  statement. 

(The  foregoing  two  sections  are  as  amended  by  the  Act  of  May  14,  1915, 
Pamphlet  Laws,  page  510,  No.  219,  the  amendments  added  being  indi¬ 
cated  by  italics.) 

When  Description  as  Felt  May  Be  Made. 

Section  4.  It  shall  be  unlawful  to  use  in  the  said  statement  con¬ 
cerning  any  mattress  the  word  “Felt,”  or  words  of  like  import,  if 
there  has  been  used  in  filling  said  mattress  any  materials  which  are 
not  felted  and  filled  in  layers,  unless  the  said  statement  shall  plainly 
set  forth  all  the  different  materials  so  used. 

Misleading  Description  Prohibited. 

Section  5.  It  shall  be  unlawful  to  use  in  the  description  in  the 
said  statement  any  misleading  term  or  designation,  or  term  or  desig¬ 
nation  likely  to  mislead. 

Section  6.  The  statement  required  under  section  three  of  this  act 
shall  be  not  less  than  three  by  four  and  a  half  inches  in  size,  and  in 
form  shall  be  as  follows : 


Official  Statement. 


Materials  used  in  filling, 


Made  by,  . 

Address,  . 

Vendor,  . 

Address,  . . . 

This  article  is  made  in  compliance  with  the  act  af  Assembly  of 
Pennsylvania,  approved  the  first  day  of  May,  one  thousand  nine 
hundred  thirteen,  as  amended. 


(The  foregoing  section  is  ns  amended  by  the  Act  of  May  14,  1915, 
Pamphlet  Laws,  page  510,  No.  219,  the  amendment  being  indicated  by 

italics.) 


45 


Removal  of  Description. 

Section  7.  Any  person  who  shall  remove,  deface,  alter,  or  in  any 
manner  attempt  the  same,  or  shall  cause  to  be  removed,  defaced,  or 
altered,  any  mark  or  statement  placed  upon  any  mattress  under  the 
provisions  of  this  act,  shall  be  guilty  of  a  violation  of  this  act. 


Separate  Offenses. 

Section  8.  The  unit  for  a  separate  and  distinct  offense  in  viola¬ 
tion  of  this  act  shall  be  each  and  every  mattress  made,  remade,  reno¬ 
vated,  sold,  offered  for  sale,  delivered,  consigned,  or  possessed  with 
intent  to  sell,  deliver  or  consign,  contrary  to  the  provisions  hereof. 


Penalties. 

Section  9.  Any  person  or  corporation  violating  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
before  a  magistrate  or  justice  of  the  peace  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars,  and  not  more  than  fifty  dol¬ 
lars,  for  each  offense. 


Duties  of  Commissioner  of  Health. 

Section  10.  Within  sixty  days  after  any  process  of  sterilization 
and  disinfection  shall  have  been  submitted  to  the  Commissioner  of 
Health  of  this  Commonwealth,  under  subsection  one  (c)  of  section 
two' of  this  act,  the  said  commissioner  shall  approve  or  disapprove  the 
same,  and,  if  he  disapprove,  shall  state  his  reasons  therefor. 


Duties  of  Chief  Factory  Inspector. 

Section  11.  All  places  where  mattresses  are  made,  remade,  or 
renovated,  or  materials  for  mattresses  prepared,  or  where  mat¬ 
tresses  are  offered  for  sale,  or  are  in  the  possession  of  any  person  or 
corporation  wdth  intent  to  sell,  deliver  or  consign  them,  shall  be  sub¬ 
ject  to  inspection  by  the  Chief  Factory  Inspector,  whose  duty  it  shall 
be,  in  case  he  has  reason  to  believe  any  person  or  corporation  is 
violating  this  act,  to  prosecute  such  person  or  corporation  therefor. 


Information  by  Individuals,  Enforcement  by  Individuals. 

Section  12.  Any  individual  who  has  reason  to  believe  that  this  act 
has  been  or  is  being  violated  may  present  the  relevant  facts  to  the 
Chief  Factory  Inspector,  or  any  of  his  deputies ;  in  which  case  it  shall 
be  the  duty  of  the  Chief  Factory  Inspector  to  make  an  investigation 
of  such  facts,  as  on  his  own  initiative;  and,  if  he  is  of  opinion  that  the 
act  has  been  or  is  being  violated,  to  prosecute  the  person  or  corpora¬ 
tion  guilty  thereof.  Any  individual  may  institute  proceedings  to 
enforce  this  act  and  to  punish  violations  of  its  provisions. 


40 


Repeal. 

Section  13.  All  acts  or  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Time  in  Effect. 

Section  14.  This  act  shall  take  effect  the  first  day  of  January, 
Anno  Domini  one  thousand  nine  hundred  and  fourteen. 


MOVING  PICTURE  ACT  OF  MAY  1,  1909. 

(Pamphlet  Laws,  page  346.  No.  206.) 

Note. — As  to  cities  of  the  first  class  this  act  has  been  superseded  by  the 
Act  of  June  9,  1911,  P.  L.  746,  providing  for  the  issuance  of  permits  by 
the  Chiefs  of  the  Bureaus  of  Building  Inspection  and  Fire,  and  the  Fire 
Marshal. 


AN  ACT 

Regulating,  requiring,  and  defining  certain  general  specifications  for  the  use  and 
construction  of  permanent  booths  or  enclosures  for  operating  therein  moving- 
picture  machines ;  regulating,  requiring,  and  defining  certain  general  specifica¬ 
tions  for  the  use  and  construction  of  portable  booths  or  enclosures  for  operating 
therein  moving-picture  machines ;  and  providing  for  the  supervision  and  inspec¬ 
tion  of  the  same  by  the  Department  of  Factory  Inspection  of  the  Commonwealth  of 
Pennsylvania ;  and  providing  penalties  for  the  violation  of  the  provisions  thereof ; 
and  providing  that  the  provisions  thereof  shall  not  apply  to  cities  of  the  first  and 
second  class. 

Section  1.  Be  it  enacted,  &c.,  That  it  shall  be  unlawful  for  any 
person,  firm,  association,  or  corporation  to  erect,  set  up,  construct, 
maintain,  or  use  any  permanent  booth  or  enclosure  for  the  purpose 
of  operating  therein  moving-picture  machines,  unless  they  are  built, 
erected,  and  constructed  as  follows: 

Size. 

All  permanent  booths  or  enclosures  to  be  at  least  seven  feet  high, 
the  floor  space  to  vary  according  to  the  number  of  machines  in  booths 
or  enclosures,  as  follows: 

One  picture  machine,  six  feet  by  eight  feet. 

One  picture  machine  and  one  stereopticon,  nine  feet  by  eight  feet. 
Two  picture  machines  and  one  stereopticon,  twelve  feet  by  eight 
feet. 

The  same  to  be  made  of  structural  steel,  as  follows: 

Four  outside  horizontal  members  at  top  and  bottom. 

Four  corner  uprights  and  members  supporting  roof,  to  be  made 
of  one  and  one-half-inch  by  one  and  one-half  by  one-fourth  inch  angle- 
irons. 

Intermediate  uprights  to  be  spaced  every  two  feet,  and  to  be  made 
of  either  one  and  one-half  inch  by  one  and  one-half  inch  by  one- 
fourth  inch  angle-irons  or  two  inch  by  two  inch  by  one-fourth  inch 
tee-irons. 

Tee-irons,  to  which  roof  is  attached,  to  be  made  of  one  and  one-half 
inch  by  one  and  one-half  inch  by  three-sixteenth  inch  tee  irons. 


47 


All  joints  to  be  made  with  a  three-sixteenth  inch  steel  plate,  to 
which  each  angle-iron  or  tee-iron  shall  be  riveted  or  bolted  by  the  use 
of  at  least  two  (2)  one-fourth  inch  bolts  or  rivets. 

All  bolts  or  rivets  in  frame  to  have  flat  heads,  said  heads  always  to 
be  placed  on  exterior  side  of  booth;  all  angle-  or  tee-irons  being  so 
countersunk  as  to  accomplish  this  result. 

Frame  to  be  built  with  a  six-foot  by  two-foot  doorway;  frame  of 
said  doorway  to  be  built  of  one  inch  by  one  inch  by  three-sixteenth 
inch  angle-irons,  which  are  to  be  joined  together  by  the  use  of  a 
three-sixteenth  inch  steel  plate. 

Covering  of  Booth. 

Sides  and  top  of  booth  to  be  covered  with  asbestos  boards  of  at 
least  one-fourth  inch  in  thickness;  said  boards  to  be  cut  and  ar¬ 
ranged  that  vertical  joints  between  boards  shall  always  come  over 
an  angle  or  tee-iron,  so  that  both  boards  may  be  securely  fastened 
to  the  same. 

After  booth  is  complete,  all  openings  where  combustible  material 
is  exposed  must  be  plugged  with  asbestos  cement,  or  other  equally 
satisfactory  material.  When  joints  of  asbestos  boads,  on  outside 
of  booth,  do  not  come  over  angles  of  tee-irons,  the  cracks  between 
the  boards  shall  be  covered  by  a  strip  of  asbestos  board  at  least  one- 
eighth  inch  thick  and  two  inches  wide;  said  strips  to  be  securely 
fastened  to  both  boards  in  such  manner  as  to  cover  the  exposed  joints. 
The  above-mentioned  strips  and  all  asbestos  boards  shall  be  secured 
in  the  proper  place  by  the  means  of  proper  bolts  and  nuts ;  said  bolts 
and  nuts  to  be  spaced  not  more  than  six  inches  apart. 

Flooring. 

Floor  shall  be  made  of  two  parts,  an  upper  and  a  lower  floor. 
Lower  floor  shall  be  made  of  boards  seven-eighth  inches  minimum 
thickness,  supported  on  lower  leg  of  horizontal  angle-irons.  Resting 
on  this  floor  shall  be  a  floor  made  of  asbestos  boards  of  three-eighth 
inch  minimum  thickness,  or  an  equally  good  material. 

Windows. 

There  shall  not  be  no  more  than  two  windows  per  machine  in  the 
booth, — one  for  the  operator  and  one  for  the  machine.  Windows  for 
machine  shall  not  be  more  than  six  inches  high  and  twelve  inches 
long,  and  shall  be  located  and  cut  after  machine  is  set  up.  Operator’s 
window  shall  not  be  more  than  four  inches  wide  or  more  than  twelve 
inches  high. 

All  windows  shall  be  provided  with  gravity-doors,  which,  when 
closed,  shall  overlap  the  window  opening  at  least  one  inch  on  all 
sides ;  said  doors  to  be  held  open  normally  by  use  of  a  fine  combustible 
cord  in  series  with  a  fusible  link,  so  arranged  that  the  doors  may 
easily  be  released  by  hand. 

Main  Door. 

Outside  of  door  to  be  provided  with  a  substantial  spring,  sufficient 
to  keep  door  closed.  Door  to  be  provided  with  stop  to  prevent  it 
from  swinging  into  booth  or  injuring  the  hinges. 


48 


Shelves. 

To  be  made  up  of  slate  slabs  or  board  not  less  than  seven-eighth 
inches  thick,  not  exceeding  four  feet  in  length  or  twelve  inches  in 
width.  Said  shelves,  if  of  board,  to  be  painted  with  at  least  three 
coats  of  asbestos  paint,  and  supported  by  means  of  angle-irons. 
Upper  shelf  to  be  used  for  the  rewinding  and  the  repairing  of  films; 
the  lower  shelf  to  be  used  for  the  storage  of  films.  A  separate  metal 
case,  made  without  solder,  shall  be  provided  for  each  film  when  the 
same  is  not  in  the  magazine  or  in  the  process  of  winding;  said  films 
to  be  kept  in  these  cases. 

Ventilation. 

Booths  to  be  provided  with  an  inlet  in  each  of  four  sides;  said 
inlets  to  be  fifteen  inches  long,  three  inches  high,  the  lower  side 
of  the  same  not  be  more  than  three  inches  above  floor  level.  Said 
inlets  to  be  covered  on  the  inside  by  a  wire  net  of  not  greater  than 
one-eighth  inch  mesh  netting,  to  be  firmly  secured  to  the  asbestos 
boards  by  means  of  iron  strips  and  screws. 

Near  the  center  of  the  top  of  the  booth  shall  be  a  circular  opening 
of  not  less  than  ten  inches  in  diameter ;  the  upper  side  of  said  opening 
to  be  provided  with  an  iron  flange,  which  flange  is  to  be  securely 
fastened  to  the  tee-irons  supporting  the  roof.  Securely  fastened  to 
this  flange  shall  be  a  vent-pipe  of  not  less  than  ten  inches  in  dia¬ 
meter;  said  pipe  leading  to  the  outside  of  the  building  or  to  a  special 
incombustible  vent-flue.  In  this  vent-pipe  shall  be  placed  a  box  con¬ 
taining  a  twelve-inch  electric  fan;  said  box  to  be  provided  with  a 
door  of  sufficient  size  to  permit  of  the  examination  or  removal  of  this 
fan;  this  door  to  be  made  tight,  and  provided  with  proper  fastenings. 
Box  and  vent-pipes  to  be  made  of  galvanized  iron  or  other  non-com¬ 
bustible  material;  fan  to  be  so  connected  that  it  can  be  controlled 
from  within  the  booth. 

Wiring. 

If  house  lights  are  controlled  from  within  the  booth,  an  additional 
emergency  control  must  be  provided  near  the  main  exit,  and  kept 
at  all  times  in  good  condition. 

All  electric  wires  to  be  brought  in  to  the  booth  and  carried  to  all 
machines,  lights,  et  cetera,  in  conduits;  one  light  will  be  allowed 
for  each  machine,  and  one  for  the  rewinding  bench;  but  all  such 
lights  shall  be  provided  with  wire  guards. 

Rheostats. 

All  rheostats  to  be  mounted  on  slate  insulator,  properly  supported ; 
said  supports  to  be  made  of  iron,  and  securely  fastened  to  the  floor; 
rheostats  to  be  securely  fastened  to  slate  insulator. 

Machine. 

Must  be  securely  fastened  to  the  floor  to  prevent  accidental  over¬ 
turning  of  the  same:  Provided,  That  this  section  shall  not  apply  to 
cities  of  the  first  and  second  classes. 

Section  2.  That  it  shall  be  unlawful  for  any  person,  firm,  associa¬ 
tion,  or  corporation  to  erect,  set  up,  construct,  maintain,  or  use  any 


49 


portable  booth  or  enclosure,  for  the  purpose  of  operating  therein 
moving-picture  machines,  unless  they  are  built,  erected  and  con¬ 
structed  as  follows: — 


Size. 

Portable  booths  or  enclosures  are  to  be  at  least  six  and  one-half 
feet  high  and  five  feet  square,  and  are  permitted  for  the  use  of  one 
picture  machine  only. 


Frame, 

The  frame  is  to  be  made  of  standard  pipe  angle-iron,  ventilator  trap, 
and  suitable  fittings.  The  pipe  frame  and  angle-iron  trap  are  to 
conform  strictly  to  specifications  hereinafter  set  forth,  and  the  fit¬ 
tings  and  details  of  construction  must  be  approved  by  the  Depart¬ 
ment  of  Factory  Inspection  of  the  Commonwealth  of  Pennsylvania. 


Skeleton  Frame. 

Four  corner  uprights,  to  be  made  of  three-quarter  inch  standard 
pipe. 

Eight  horizontal  members,  to  be  made  of  three-quarter  inch  stand¬ 
ard  pipe. 

Eight  corner  fittings,  to  be  made  of  iron  or  bronze  castings. 


Ventilator  Trap. 

Ventilator  trap,  to  be  made  of  one  inch  by  one-eighth  inch  angle- 
iron,  shall  extend  full  width  of  the  top  and  two  inches  beyond  the 
front  of  the  top  pipe;  shall  be  suitably  hinged,  not  less  than  two 
feet  from  the  edge  of  the  front  angle  corners,  and  joints  to  be  made 
with  one-eighth  inch  steel  plates,  riveted  or  bolted  to  each  angle-iron 
by  the  use  of  at  least  two  three-sixteenths  inch  rivets  or  bolts. 


Covering  of  Booth. 

The  side  and  top  covering  of  the  booth  shall  be  made  of  an  ap¬ 
proved  pure  asbestos  cloth,  same  as  used  for  asbestos  curtains,  weigh¬ 
ing  not  less  than  two  pound  to  the  square  yard.  Seams  and  hems 
in  the  asbestos  cloth  shall  lap  at  least  one  inch,  and  be  stitched  on 
each  edge  with  asbestos  sewing  twine.  The  top  covering  shall  be 
made  separate  from  the  side  covering.  It  shall  completely  cover 
the  top,  and  have  the  outside  flap  hang  down  all  around  the  sides, 
not  less  than  six  inches  deep.  It  shall  be  fastened  tightly,  and 
secured  to  the  top  pipes  and  ventilator  trap  by  means  of  asbestos 
cords.  The  side  covering  shall  be  made  in  one  piece,  extending 
around  all  four  sides,  and  overlapping  at  the  rear  of  the  booth  not 
less  than  eighteen  inches,  so  as  to  form  a  flap  doorway.  The  side 
covering  shall  extend  from  top  pipes — to  which  it  shall  be  suspended 
by  approved  metal  hooks  or  rings,  spaced  not  more  than  twelve 
inches  apart — to  the  floor,  with  a  flap  of  not  less  than  three  inches 
all  around  resting  on  the  floor.  The  metal  hooks  or  rings,  for 
suspending  the  side  covering,  shall  be  attached  to  the  hem  of  the 

4 


50 


cloth  by  means  of  a  metal  strap  and  two  rivets.  The  side  covering 
shall  be  drawn  down  tight  and  secured  to  the  bottom  pipe  frame  by 
means  of  asbestos  tie  cords.  The  cloth  covering  for  top  and  sides 
must  at  all  times,  be  kept  free  from  rents  or  holes,  and  be  main¬ 
tained  in  good  condition. 

Door. 

The  side  covering  shall  overlap  eighteen  inches  in  the  rear  of  the 
booth.  This  overlap  shall  extend  from  top  to  bottom,  and  shall  be 
so  arranged  as  to  form  a  means  of  entrance  and  egress. 

Flooring. 

The  frame  shall  be  placed  on  a  mat  or  carpet  made  of  approved 
asbestos  cloth,  not  less  than  seven  feet  square.  This  mat  must  be 
spread  out  smoothly  on  a  substantial  floor  or  platform,  so  that  it 
shall  extend  one  foot  from  the  frame  on  all  sides.  This  mat  must 
at  all  times  be  kept  free  from  rents  or  holes,  and  in  good  condition. 

Ventilation. 

The  top  of  the  frame  shall  be  fitted  at  the  rear  with  a  hinged 
ventilator  trap,  as  described  in  foregoing  section  of  frame.  The 
asbestos  cloth  top  covering  shall  be  so  arranged,  and  so  attached  to 
the  frame,  that,  when  the  hinged  trap  is  raised,  the  asbestos  covering 
shall  be  raised  also  in  the  rear.  Suitable  devices  shall  be  supplied 
for  maintaining  this  ventilator  trap  in  a  lifted  position,  so  as  to 
form  a  clear  ventilating  space,  at  the  rear,  or  not  less  than  six 
inches  high,  extending  across  the  full  width  of  the  booth. 

Windows. 

The  look-out  window  for  the  operator  shall  be  not  more  than  four 
inches  wide  and  twelve  inches  high.  The  windows  for  the  machine 
shall  not  be  more  than  six  inches  high  and  twelve  inches  long.  All 
windows  shall  be  located  and  cut  after  machine  is  set  up. 

The  openings  shall  be  cut  in  the  cloth  with  care,  and  the  edges 
reinforced  by  stitched  hem  of  asbestos  cloth ;  they  shall  be  provided 
with  asbestos  flaps,  securely  stitched  at  the  top  of  the  openings. 
These  flaps,  when  closed,  shall  overlap  the  window  opening  at  least 
two  inches  on  the  bottom  and  sides,  and  shall  be  weighted  across 
the  bottom  edge  by  a  piece  of  three-eighth  inch  pipe,  or  equal  weight 
of  metal,  securely  sewed  in  the  pocket  in  the  cloth. 

Window  Shutters  and  Ventilator  Trap. 

The  window  flaps  or  shutters  are  to  be  held  open  normally,  by  the 
use  of  a  fine  combustible  cord.  The  hinged  ventilator  trap  is  to  be 
raised,  for  ventilation,  not  more  than  six  inches  at  the  rear,  and 
shall  be  held  open  by  a  collapsible  prop  sustained  by  fine  combust¬ 
ible  cord.  The  cord  from  the  window  shutters  and  the  ventilator  prop 
shall  be  in  series  with  a  fusible  link  and  also  approved  tension-clip, 
so  arranged  that  the  automatic  opening  of  the  link,  or  release  of  the 
tension  clip  by  the  operator,  will  insure  the  immediate  closing  of 
all  openings  by  the  dropping  of  the  flaps  and  the  ventilator  trap.  This 
fusible  link  and  tension  clip  shall  be  arranged  in  a  position  directly 
over  the  machine,  within  reach  of  the  operator. 


51 


Provided,  however,  That  portable  booths  or  enclosures  shall  not 
be  permitted  to  be  used  in  any  theatre  or  public  hall  in  which 
permanent , booths  or  enclosures  have  been  installed;  it  being  the 
intention  of  this  section  that  portable  booths  or  enclosures  shall  be 
used  only  for  temporary  exhibitions  of  moving-pictures  in  places  of 
assemblage — such  as  schools,  churches,  association  halls,  lodge- 
rooms,  theatres — without  permanent  booths:  Provided,  That  this 
section  shall  not  apply  to  cities  of  the  first  and  second  classes. 

Section  3.  It  shall  be  the  duty  of  the  Department  of  Factory 
Inspection,  by  and  through  its  Chief  Factory  Inspector,  his  deputy 
or  deputies,  to  take  such  means  as  it  may  deem  necessary  to  enforce 
the  provisions  of  this  statute.  It  shall  be  the  duty  of  said  Chief 
Factory  Inspector,  his  deputy  or  deputies,  within  a  reasonable  time 
after  the  approval  of  this  act,  to  inspect  all  booths  or  enclosures  in 
which  moving-pictures  are  now  being  operated;  and  should  any  be 
found  in  a  dangerous  condition,  in  that  they  lack  adequate  fire  pro¬ 
tection,  he  or  they  shall  immediately  order  the  abatement  and  dis¬ 
continuance  of  such  use  of  such  booth  and  enclosure.  The  owner, 
agent,  superintendent,  person  or  persons,  in  charge  and  control  of 
said  booth  or  enclosure,  shall  abate  and  discontinue  the  use  of  same 
within  ten  days  after  the  service  of  the  notice  of  abatement  or  dis¬ 
continuance.  Any  such  person  or  persons,  who  shall  fail  to  comply 
with  the  said  order  of  abatement  or  discontinuance,  so  issued  as 
aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  con¬ 
viction,  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  and  not  more  than  five  hundred  dollars,  or  an  imprisonment 
in  the  county  jail  for  a  term  of  not  less  than  ten  days  nor  more 
than  ninety  days,  within  the  discretion  of  the  court,  for  each  and 
every  such  violation. 

Section  4.  Any  person  or  persons  who  violate  or  ignore  any  of  the 
provisions  of  sections  one  and  two  of  this  act  shall  be  deemed 
guilty  of  misdemeanor,  and  on  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  and  not  more  than  five  hundred 
dollars,  or  an  imprisonment  in  the  county  jail  for  a  term  of  not  less 
then  ten  days  nor  more  than  ninety  days,  for  each  and  every  viola¬ 
tion.  In  all  cases  of  violation  of  sections  one  and  two  of  this  act, 
the  prosecutions  shall  be  instituted  in  the  name  of  the  Common¬ 
wealth  by  the  Chief  Factory  Inspector,  or  his  deputy  or  deputies, 
and  hearing  shall  be  conducted  by  the  alderman,  justice  of  the 
peace,  or  other  committing  magistrate  before  whom  the  information 
is  lodged;  after  full  hearing  of  the  parties  in  interest,  the  aider- 
man,  justice  of  the  peace  or  other  committing  magistrate  shall,  if 
the  evidence  warrants  it,  impose  the  penalty  herein  provided,  which 
shall  be  final  to  the  party  against  whom  the  penalty  is  imposed, 
unless  the  said  party  shall  furnish  good  and  sufficient  bail  for  his  or 
her  appearance  at  the  next  term  of  the  court  of  quarter  sessions  of 
the  county  wherein  the  offense  is  alleged  to  have  been  committed. 

Section  5.  All  fines  imposed  and  collected  for  any  violation  of 
this  act  shall  be  forwarded  to  the  Chief  Factory  Inspector,  who  shall 
pay  the  same  into  the  office  of  the  State  Treasurer,  for  the  use  of  the 
Commonwealth  of  Pennsylvania. 


52 


- 


REPORT  OF  ACCIDENTS  ACT  OF  JULY  19,  1913. 

(Pamphlet  Laws,  page.  843.  No.  408.) 

AN  ACT 

Requiring  employers  to  make  report  to  the  Department  of  Labor  and  Industry 
of  accidents  to  employees,  and  prescribing  a  penalty  for  non-compliance  there¬ 
with. 

Section  1.  Be  it  enacted,  &c.,  That  within  thirty  days  after  the 
beginning  of  the  disability  of  an  employe  because  of  any  personal 
injury,  caused  by  an  accident  occurring  in  the  course  of  his  em¬ 
ployment,  the  employer,  whether  a  person,  firm,  or  corporation,  shall 
make  report  of  such  accident  to  the  Department  of  Labor  and  In¬ 
dustry.  Such  report  shall  set  forth  the  name,  address,  and  nature  of 
the  business  of  the  employer;  name,  address,  sex,  age,  nationality, 
and  occupation  of  the  employe;  date,  day  of  week,  hour,  place,  and 
character  of  the  accident,  and  the  nature  of  the  injury,  and  the  dura¬ 
tion  of  the  disability,  or  probable  disability,  as  far  as  the  same  can 
be  ascertained.  Such  employer  shall,  also,  upon  request  of  the 
Department  of  Labor  and  Industry,  make  such  further  report  as  may 
reasonably  be  required  by  it. 

Section  2.  Any  person,  firm,  or  corporation  having  knowledge  of 
the  occurrence  of  such  personal  injury  to  an  employe,  in  the  course 
of  employment,  who  shall  fail  to  make  report  as  aforesaid,  shall  be 
liable  to  the  Commonwealth  for  a  penalty  of  one  hundred  dollars 
to  be  recovered  by  action  brought  by  said  department. 

Section  3.  Reports  made  in  accordance  with  this  act  shall  not 
be  evidence  against  the  employer  in  any  proceeding,  either  under  the 
Workmen’s  Compensation  Law  of  one  thousand  nine  hundred  and 
thirteen  or  otherwise. 

Section  4.  No  employer  who  has  made  the  report  required  by 
this  act  shall  be  required  to  make  any  other  or  further  report  of 
such  accident  to  any  other  department  of  the  government  of  the 
Commonwealth. 

Section  5.  This  act  shall  not  apply  to  casual  employments;  nor 
to  accidents  resulting  in  disability  continuing  less  than  two  days. 


WIRE-GLASS  ACT  OF  MAY  20,  1913. 

(Pamphlet  Laws,  page  272.  No.  190.) 

AN  ACT 

Regulating  the  openings  of  buildings,  upon,  over,  or  under  external  fire-escapes. 

Section  1.  Be  it  enacted,  &c.,  That  all  exits  to  external  fire-  V( 

escapes  shall  be  by  means  of  doors  of  fire  proof  construction,  in 
which  doors  there  may  be  placed  wire-glass,  if  glass  is  required  for  v 
lighting  the  interior;  and  all  windows,  hereafter  opening  upon,  over. 


or  under  external  fire-scapes,  shall  be  of  fire-proof  construction, 
with  wire-glass  therein,  and  with  metal  fire-proof  frames  around  the 
windows.  >  "Ai  ’;[[  | 

Section  2:  Every  person,  firm,  or  corporation,  trustee,  board  of 
education,  and  board  of  school  directors,  or  any  person  or  persons 
having  charge,  either  as  agents,  trustees,  or  as  a  commission,  having 
charge  of  any  building,  neglecting  or  refusing  to  comply  with  section 
one  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  punishable 
by  a  fine  of  not  more  than  three  hundred  dollars,  or  an  imprisonment 
for  not  more  than  two  months,  or  either  or  both,  within  the  discre¬ 
tion  of  the  court:  Provided,  That  nothing  in  this  act  shall  interfere 
with  fire-escapes,  now  in  use,  approved  by  the  proper  authorities. 


WOMAN’S  ACT  OF  JULY  25,  1913. 

As  Amended  1915. 

(Pamphlet  Laws,  1913,  page  1024.  No.  466;  1915,  page .  No . ) 


AN  ACT 


To  protect  the  public  health  and  welfare,  by  regulating  the  employment  of  females 
in  certain  establishments,  with  respect  to  their  hours  of  labor  and  the  conditions 
of  their  employment ;  by  establishing  certain  sanitary  regulations  in  the  estab¬ 
lishments  in  which  they  work  ;  by  requiring  certain  abstracts  and  notices  to  be 
posted;  by  providing  for  the  enforcement  of  this  act  by  the  Commissioner  of 
Labor  and  Industry  and  others ;  by  prescribing  penalties  for  violations  thereof ;  by 
defining  the  procedure  in  prosecutions ;  and  by  repealing  all  acts  and  parts  of  acts 
inconsistent  with  the  provisions  thereof. 


SECTION  1. 
SECTION  2. 
SECTION  3. 
SECTION  4. 

SECTION  5. 

SECTION  6. 
SECTION  7. 
SECTION  8. 
SECTION  9. 
SECTION  10. 
SECTION  11. 
SECTION  12. 
SECTION  13. 


SECTION  14. 
SECTION  15. 

SECTION  16. 
SECTION  17. 
SECTION  18. 


SECTION  19. 
SECTION  20. 


SECTION  21. 
SECTION  22. 


DEFINITIONS:  ESTABLISHMENT,  PERSON,  WEEK,  DAY. 

INCLUSION  OF  PLURAL  AND  ALL  GENDERS. 

HOURS  OF  LABOR. 

NIGHT  WORK:  PROHIBITION  IN  MANUFACTURING  ES¬ 
TABLISHMENTS  . 

NIGHT  WORK:  PROHIBITION,  FEMALES  UNDER  TWEN¬ 
TY-ONE. 

MID-DAY  MEAL  PERIODS. 

INTERVALS  BETWEEN  WORK  PERIODS. 

SEATS . 

WASH-  AND  DRESSING-ROOMS,  WATER-CLOSETS. 

LUNCH  ROOMS  IN  CERTAIN  ESTABLISHMENTS. 

EXHAUST  FANS  IN  CERTAIN  ESTABLISHMENTS. 

DRINKING  WATER. 

ENFORCEMENT:  POSTING  ABSTRACT  OF  THIS  ACT  AND 
SCHEDULE  OF  HOURS  OF  LABOR ;  PREPARATION  AND 
DISTRIBUTION  OF  ABSTRACTS  AND  FORMS  OF 
SCHEDULE. 

ENFORCEMENT:  PROOF  OF  AGE  OF  CERTAIN  FEMALES. 

ENFORCEMENT:  HINDERING  OR  DELAYING  FACTORY 
INSPECTORS. 

ENFORCEMENT:  BY  THE  FACTORY  INSPECTORS. 

PROSECUTION:  PROCEDURE,  APPEALS. 

PENALTIES:  FIRST  AND  SECOND  OFFENSES.  CONTIN¬ 
UED  VIOLATIONS.  EXEMPTIONS  OF  PERSONS  FROM 
PUNISHMENT  UNDER  CERTAIN  CIRCUM STANCES. 

DISPOSITION  OF  FINES. 

CONSTRUCTION  OF  THE  ACT  NOT  TO  AFFECT  INDUS¬ 
TRIE  L  TRAINING  OR  OTHER  EDUCATION;  UNCONSTI¬ 
TUTIONALITY  OF  A  PART  OF  THE  ACT. 

ACTS  REPEALED. 

DATE  OF  OPERATION. 


54 


Definitions:  Establishment,  Person,  Week,  Day. 

Section  1.  Be  it  enacted,  &c.,  That  the  term  “establishment, : ” 
when  used  in  this  act,  shall  mean  any  place  within  this  Common¬ 
wealth  where  work  is  done  for  compensation  of  any  sort,  to  whom¬ 
ever  payable:  Provided,  That  this  act  shall  not  apply  to  work  in 
private  homes  and  farming. 

The  term  “person,”  when  used  in  this  act,  shall  be  construed  to 
include  any  individual,  partnership,  or  other  unincorporated  asso¬ 
ciation,  corporation,  and  municipality. 

The  term  “week,”  when  used  in  this  act,  shall  mean  any  seven 
consecutive  days,  and  the  term  “day”  shall  mean  any  twenty-four 
consecutive  hours. 

Inclusion  of  Plural  and  all  Genders. 

Section  2.  Whenever  in  this  act  the  singular  is  used  the  plural 
shall  be  included,  and  whenever  the  masculine  gender  is  used  the 
feminine  and  neuter  shall  be  included. 

Section  3.  (a)  No  female  shall  be  employed  or  permitted  to  work 

in,  or  in  connection  with,  any  establishment  for  more  than  six  days 
in  any  one  week  or  more  than  fifty-four  hours  in  any  one  week,  or 
more  than  ten  hours  in  any  one  day :  Provided,  That  during  weeks  in 
which  a  legal  holiday  occurs  and  is  observed  by  an  establishment, 
any  female  may  be  employed  by  such  establishment  during  three 
days  of  such  week  for  a  longer  period  of  time  than  is  allowed  by  this 
act;  but  no  female  shall  be  permitted  to  work  more  than  two  hours 
overtime  during  any  one  of  such  three  days,  nor  more  than  the 
maximum  hours  per  week  specified  in  this  act. 

The  employment  of  such  persons  at  any  other  time  than  as  stated 
herein  shall  be  deemed  a  violation  of  the  provisions  of  this  section, 
unless  it  appears  that  such  employment  was  to  make  up  time  lost 
in  the  same  week  in  consequence  of  the  alteration,  repairs  or  acci¬ 
dents  to  machinery  or  plant,  upon  which  she  was  employed  and  de¬ 
pendent  for  employment ;  but  no  stopping  of  machinery  for  less  than 
thirty  consecutive  minutes  shall  justify  such  overtime  employment, 
nor  shall  such  overtime  employment  be  legal  unless  a  written  report 
of  the  same  be  sent  to  the  Commissioner  of  Labor  and  Industry; 
but  no  female  shall  be  permitted  to  work  more  than  two  hours  over¬ 
time  during  any  one  day,  nor  more  than  the  maximum  number  of 
hours  per  week  specified  in  this  act:  Provided,  That  aforesaid  re¬ 
strictions  as  to  hours  shall  not  apply  to  females  engaged  in  the  can¬ 
ning  of  fruit  and  vegetable  products:  And  provided  further ,  That  the 
one  day  of  holiday  in  seven  may  be  subdivided  into  two  days  of 
twelve  hours  each,  for  women  employes  in  hotels,  boarding  houses, 
and  in  charitable,  educational  and  religious  institutions,  at  the  dis 
cretion  of  the  Industrial  Board  of  the  Department  of  Labor  and  In 
dustry:  Provided,  That  if  it  should,  be  hereafter  held  by  the  courts 
of  this  Commonwealth  that  the  power  herein  sought  to  be  granted 
to  the  said  board  is,  for  any  reason,  invalid,  such  holding  shall  not 
be  taken  in  any  case  to  affect  or  impair  the  remaining  provisions  of 
this  section. 

(b)  Whenever  any  female  shall  be  employed  or  permitted  to  work 
in,  or  in  connection  with,  more  than  one  establishment  in  any  one 


55 


week  or  in  any  one  day,  the  aggregate  number  of  hours  during  which 
she  shall  be  employed  or  permitted  to  work  in,  or  in  connection  with, 
such  establishment  shall  not  exceed  the  number  of  hours  prescribed 
in  this  section  for  such  females  in  any  one  week  or  any  one  day. 

(c)  The  provisions  of  this  section  shall  not  apply  to  the  work  of 
nurses  in  hospitals.  v 

(The  foregoing  section  is  as  amended  by  the  Act  of  June  1,  1915, 
Pamphlet  Laws,  page  709,  No.  327,  the  portion  added  by  the  amend¬ 
ment  being  indicated  by  italics.) 


Night-Work;  Prohibition,  Females  under  Twenty-one. 

Section  5.  No  female  under  twenty-one  years  of  age  shall  be 
employed  or  permitted  to  work  in,  or  in  connection  with,  any  es¬ 
tablishment  before  the  hour  of  six  o’clock  in  the  morning  or  after 
the  hour  of  nine  o’clock  in  the  evening  of  any  day.  Provided,  That 
this  section  shall  not  apply  to  females  over  the  age  of  eighteen  years 
employed  as  telephone  operators. 

Mid-Day  Meal  Period. 

Section  6.  Not  less  than  forty-five  minutes  shall  be  allowed  to 
every  female  employed  or  permitted  to  work  in,  or  in  connection 
with,  any  establishment  for  the  mid-day  meal,  which  period  shall  not 
be  considered  a  part  of  the  hours  of  labor:  Provided,  That  whenever 
any  female  shall  be  employed  or  permitted  to  work  in,  or  in  connec¬ 
tion  with,  any  establishment  for  less  than  eight  hours  in  any  one  day, 
the  time  allowed  for  the  mid-day  meal  may  be  reduced  to  not  less 
than  thirty  minutes. 

Employes  shall  not  be  required  to  remain  in  the  work-rooms  dur¬ 
ing  the  time  allowed  for  meals. 

Intervals  Between  Work  Periods. 

Section  7.  No  female  shall  be  employed  or  permitted  to  work 
for  more  than  six  hours  continuously  in,  or  in  connection  with,  any 
establishment,  without  an  interval  of  at  least  forty-five  minutes, 
and  no  period  of  less  than  forty-five  minutes  shall  be  deemed  to  in¬ 
terrupt  a  continuous  period  of  work:  Provided,  That  whenever  any 
female  shall  be  employed  or  permitted  to  work  in,  or  in  connection 
with,  any  establishment  for  less  than  eight  hours  in  any  one  day, 
the  interval  between  work-periods  may  be  reduced  to  not  less  than 
thirty  minutes. 

Employes  shall  not  be  required  to  remain  in  the  work  rooms  dur¬ 
ing  the  rest  periods  required  by  this  section. 

Section  8.  Every  person  employing  or  permitting  females  to 
work  in  any  establishment  shall  provide  suitable  seats  for  the  use 
in  the  rooms  where  they  shall  work,  and  shall  maintain  and  keep 
them  there,  and  shall  permit  the  reasonable  use  thereof  by  such 
females.  At  least  one  seat  shall  be  provided  for  every  three  females 
employed  or  permitted  to  work,  and  all  seats  shall  during  working 
hours  be  conveniently  accessible  to  the  workers  for  whose  use  they 
shall  be  provided. 


I 


56 


Wash  and  Dressing-Rooms.  Water  Closets. 

Section  9.  Every  person  employing  or  permitting  females  to  work 
in  any  establishment  shall  provide  suitable  wash  and  dressing-  rooms 
and  water-closets,  or  privies,  for  their  use,  so  located  as  to  be  acces¬ 
sible  to  such  females.  In  any  establishment  in  which  males  and 
females  shall  be  employed  or  permitted  to  work,  separate  wash  and 
dressing-rooms  and  water-closets,  or  privies,  shall  be  provided  for 
each  sex;  and  such  wash  and  dressing-rooms  and  water-closets,  or 
privies,  for  each  sex,  shall  be  entirely  separate  from  those  provided 
for  the  other  sex.  The  water-closets  or  privies  provided  for  females 
shall  be  in  the  ratio  of  one  for  every  twenty-five  females  employed 
or  permitted  to  work.  All  water-closets  or  privies  shall  be  properly 
lighted,  and  shall  be  separated  from  the  rooms  in  which  employes 
shall  be  permitted  to  work  by  partitions  extending  from  floor  to  ceil¬ 
ing,  and  the  compartments  containing  such  water-closets  or  privies 
shall  have  sufficient  direct  outside  ventilation,  by  window  or  other 
means.  The  entrances  to  the  water-closets  or  privies  shall  be  screened 
from  the  rooms  in  which  employes  work,  and  from  the  entrances  to 
the  water-closets  or  privies  provided  for  the  other  sex,  by  screens  or 
partitions  at  least  six  feet  high.  All  water-closets  or  privies  shall 
at  all  times  be  kept  clean,  sanitary,  and  free  from  all  obscene  writ¬ 
ing  or  marking. 

Lunch  Rooms  in  Certain  Establishments. 

Section  10.  Any  person  employing  or  permitting  any  female  to 
work  in  any  establishment  where  white  lead,  arsenic  or  other  poison¬ 
ous  substances,  or  injurious  fumes,  dust  or  gases,  shall  be  present, 
shall  provide  and  maintain  a  suitable  room,  free  from  the  aforesaid 
substances,  fumes,  dust  and  gases,  for  the  use  of  said  female  em¬ 
ployes;  and  no  such  person  shall,  during  the  time  allowed  for  meals, 
permit  any  such  female  to  remain  in  any  room  where  the  aforesaid 
substances,  fumes,  dust,  and  gases  shall  be  present. 

Exhaust-Fans  in  Certain  Establishments. 

Section  11.  Any  person  who  shall  employ  or  permit  any  female 
to  work  in  any  establishment  in  which  poisonous  or  injurious  dust, 
fumes,  or  gases  shall  be  created  by  the  machinery  or  material  in 
process  of  manufacture,  shall  provide  proper  hoods  and  pipes  con¬ 
nected  with  exhaust-fans  of  sufficient  capacity  to  remove  such  dust, 
fumes  or  gases  at  their  point  of  origin,  and  prevent  them  from  ming¬ 
ling  with  the  air  in  the  room,  and  such  fans  shall  be  kept  running 
constantly  while  such  dust,  fumes,  or  gases  shall  be  generated. 

Drinking-Water. 

Section  12.  Any  person  employing  any  female  in  any  establish¬ 
ment  shall  make  reasonable  efforts  to  at  all  times  provide  a  suffi¬ 
cient  supply  of  clean  and  pure  drinking-water.  Such  water  shall  be 
supplied  through  proper  pipe  connections  with  water-mains  which 
furnish  water  for  domestic  purposes,  or  from  a  spring  or  well,  or 
body  of  pure  water.  If  drinking  water  be  placed  in  receptacles  in 
the  establishment,  such  receptacles  shall  be  properly  covered  to 


57 


prevent  contamination,  and  shall  at  all  times  be  kept  thoroughly 
clean :  Provided,  That  no  employer  in  any  establishment  shall  collect 
from  any  such  female  employe  any  money  for  ice  furnished  in  his 
establishment  for  drinking  purposes,  for  the  use  of  the  employes. 

Enforcement:  Posting  Abstract  of  This  Act  and  Schedule  of  Hours 

of  Labor ;  Preparation  and  Distribution  of  Abstracts  and  Forms  of 

Schedule. 

Section  13.  Every  person  employing  or  permitting  any  female  to 
work  in  any  establishment  shall  keep  posted  in  a  conspicuous  place 
in  the  room  where  such  female  shall  be  employed  or  permitted  to 
work,  a  printed  abstract  of  the  provisions  of  this  act,  and  a  schedule 
of  the  hours  of  labor  of  such  female :  Provided,  That  when  any  female 
shall  be  employed  or  permitted  to  work  in  more  than  one  room  in 
any  establishment,  the  aforesaid  abstract  and  schedule  shall  be  re¬ 
quired  in  only  one  of  the  said  rooms.  If  any  female  shall  be  employed 
or  permitted  to  work  in  connection  with  any  establishment,  but  not 
in  such  establishment,  the  aforesaid  abstract  and  schedule  shall  be 
kept  posted  in  a  conspicuous  place  in  the  office  of  such  establish¬ 
ment. 

The  schedule  of  hours  of  labor  herein  required  shall  contain  the 
name  of  the  female  employed  or  permitted  to  work,  the  maximum 
number  of  hours  such  female  shall  be  required  or  permitted  to  work 
on  each  day  of  the  week,  with  the  total  for  the  week,  the  hours  of 
commencing  and  stopping  work,  and  the  hours  when  the  time  allowed 
for  meals  shall  begin  and  end  for  each  day  of  the  week.  Such  female 
may  begin  work  after  the  time  for  beginning,  and  stop  before  the 
time  for  ending  work,  stated  in  such  schedule;  but  she  shall  not 
otherwise  be  employed  or  permitted  to  work  in,  or  in  connection  with, 
any  establishment,  except  as  stated  in  such  schedule. 

The  Commissioner  of  Labor  and  Industry  shall  prepare  the  ab¬ 
stract  of  the  provisions  of  this  act,  and  a  form  for  the  schedule  of 
hours  of  labor  required  by  this  section.  Copies  of  such  abstract 
and  such  form  shall  be  printed,  in  accordance  with  the  laws  of  this 
Commonwealth  regulating  printing  and  publishing,  under  the  super¬ 
vision  of  the  Superintendent  of  Public  Printing  and  Binding,  and 
the  Commissioner  of  Labor  and  Industry  shall  supply  the  same,  upon 
application,  to  all  persons  required  to  post  the  abstract  and  schedule 
aforesaid. 


Enforcement :  Proof  of  Age  of  Certain  Females. 

Section  14.  Whenever  any  female  shall  be  employed  or  permitted 
to  work  in,  or  in  connection  with,  any  establishment,  before  the  hour 
of  six  o’clock  in  the  morning  or  after  the  hour  of  nine  o’clock  in  the 
evening  of  any  day,  who,  in  the  judgment  of  the  Commissioner  of 
Labor  and  Industry  or  his  deputy,  is  under  twenty-one  years  of 
age,  such  officer  may  demand  from  any  person  employing  or  per¬ 
mitting  any  such  female  to  work  in,  or  in  connection  with,  his  estab¬ 
lishment,  that  such  person  shall  either  furnish  to  such  officer  within 
ten  days  satisfactory  evidence,  such  as  shall  be  required  bv  law  for 
the  issuing  of  employment  certificates  to  minors,  that  such  female 
is,  in  fact,  twenty-one  years  of  age  or  over,  or  shall  cease  to  employ 


58 


or  permit  sucli  female  to  work  in,  or  in  connection  with,  such  estab- 
lishment,  before  or  after  the  hours  above  named.  In  case  such  em¬ 
ployer  shall  fail  to  furnish  to  said  officer,  within  ten  days  after  mak¬ 
ing  such  written  demand,  the  required  evidence  of  age,  and  shall 
thereafter  continue  to  employ  such  female,  or  permit  her  to  work  in, 
or  in  connection  with,  such  establishment,  before  or  after  the  hours 
aforesaid,  proof  of  the  making  of  such  demand  and  of  failure  to 
produce  the  evidence  required  shall  be  prima  facie  evidence  of  the 
illegal  employment  of  such  female,  in  any  prosecution  brought  there¬ 
for. 

Enforcement:  Hindering  or  Delaying  Commissioner  of  Labor  and 
Industry  or  His  Deputies. 

Section  15.  No  person  shall  hinder  or  delay  the  Commissioner  of 
Labor  and  Industry  or  any  of  his  deputies  in  the  performance  of  his 
duties  in  the  enforcement  of  this  act,  or  refuse  to  admit,  or  lock 
out,  any  inspector  from  any  place  while  females  are  employed  therein, 
and  which  said  inspector  shall  be  authorized  to  inspect,  or  refuse 
to  give  any  inspector  information  required  for  the  proper  enforce¬ 
ment  of  this  act. 

Enforcement:  By  the  Commissioner  of  Labor  and  Industry  and  His 

Deputies. 

Section  16.  It  shall  be  the  duty  of  the  Commissioner  of  Labor  and 
Industry  and.  his  deputies  to  enforce  all  the  provisions  of  this  act. 

They  shall  visit  and  inspect  establishments,  and  shall  have  power  at 
any  reasonable  time  to  visit  and  inspect  any  establishment  in  or 
in  connection  with  which  any  female  shall  be  employed  or  permitted 
to  work.  They  shall  investigate  all  complaints  of  violations  of  this 
act  received  by  them,  and  shall  institute  prosecutions  for  violations 
of  the  provisions  thereof. 

Prosecutions:  Procedure,  Appeals. 

Section  17.  All  prosecutions  for  violations  of  this  act  shall  be  in¬ 
stituted  by  the  Commissioner  of  Labor  and  Industry  or  his  deputy, 
before  a  magistrate,  alderman,  or  justice  of  the  peace,  who  shall 
issue  a  summons  commanding  the  person  charged  with  a  violation  of 
s  the  act  to  appear  within  not  less  than  five  nor  more  than  eight  days. 

Upon  conviction  after  hearing,  the  penalties  provided  in  this  act  shall 
be  imposed,  and  shall  be  final,  unless  an  appeal  be  taken  to  the  court 
of  proper  jurisdiction,  within  twenty  days  after  the  imposition  of 
the  penalties  aforesaid,  in  the  manner  already  provided  by  law  in 
appeals  from  penalties. 

Penalties:  First  and  Second  Offenses,  Continued  Violations,  Cumu-  ^ 

lative  Penalties,  Exemptions  of  Persons  from  Punishment  Under 

Certain  Circumstances. 

Section  18.  Any  person  who,  whether  by  himself  or  for  another, 
or  through  an  agent,  servant  or  foreman,  shall  violate  any  provi¬ 
sion  of  this  act,  shall  be  guilty  of  a  misdemeanor. 


59 


Upon  conviction  for  a  violation  of  any  provision  of  sections  three, 
four,  five,  six,  or  seven  of  this  act,  he  shall  be  punished,  for  a  first 
offense,  by  a. fine  of  not  less  than  ten  ($10)  dollars  or  more  than 
fifty  ($50)  dollars;  for  a  second  or  subsequent  offense,  by  a  fine  of  not 
less  than  twenty-five  ($25)  dollars  nor  more  than  two  hundred  ($200) 
dollars,  or  by  imprisonment  for  not  more  than  sixty  days,  or  by 
both,  at  the  discretion  of  the  court;  and  whenever  any  person  shall 
have  been  notified  by  the  Commissioner  of  Labor  and  Industry  or  his 
deputy,  or  by  the  service  of  a  summons  in  a  prosecution,  that  he  is 
violating  such  provision,  he  shall  be  punished  by  like  penalties  in 
addition  for  each  and  every  day  that  such  violation  shall  have  con¬ 
tinued  after  such  notification. 

Upon  conviction  for  a  violation  of  any  of  the  provisions  of  sections 
eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  or  fifteen  of  this 
act,  the  punishment  shall  be,  without  regard  to  the  number  of  females 
employed,  for  a  first  offense,  not  less  than  twenty-five  ($25)  dollars 
or  more  than  fifty  ($50)  dollars;  for  a  second  or  subsequent  offense, 
a  fine  of  not  less  than  fifty  ($50)  dollars  or  more  than  two  hundred 
($200)  dollars,  or  imprisonment  for  not  more  than  sixty  days,  or 
both  at  the  discretion  of  the  court,  and  whenever  any  person  shall 
have  been  notified  by  the  Commissioner  of  Labor  and  Industry  or  his 
deputy  that  he  is  violating  such  provisions,  and  shall  have  been  given 
a  reasonable  time  in  which  to  remedy  the  condition  which  shall  con¬ 
stitute  such  violation,  he  shall  be  punished,  in  addition  to  the  penal¬ 
ties  aforesaid,  by  like  penalties  for  each  and  every  day  that  such 
violation  shall  have  continued  after  the  expiration  of  the  time  al¬ 
lowed  by  the  Commissioner  of  Labor  and  Industry  or  his  deputy  for 
remedying  the  aforesaid  condition:  Provided, — 

First.  That  any  person  who  shall  demand  evidence,  such  as  shall 
be  required  by  law  for  the  issuing  of  employment  certificates  to 
minors,  that  any  applicant  for  employment  or  permission  to  work  in, 
or  in  connection  with,  his  establishment,  is  twenty-one  years  of  age, 
and  shall  receive  the  same  before  employing  or  permitting  such  appli¬ 
cant  to  work,  and  who  shall  have  kept  the  same  on  file,  and,  in  the  case 
of  such  applicant,  shall  have  complied  with  all  the  requirements  of 
this  act  applying  to  a  female  of  the  age  stated  in  such  evidence  of 
age,  shall  not  be  liable  to  punishment  for  the  violation  of  section  five 
of  this  act,  though  it  shall  subsequently  appear  that  such  applicant 
was  in  fact  less  than  twenty-one  years  of  age:  Provided,  That  this 
provision  shall  not  apply  to  any  person  who  shall  demand  and  receive 
the  evidence  herein  provided  for,  if  he  knows  at  the  time  of  receiving 
such  evidence  that  the  applicant  is,  in  fact,  less  than  twenty-one 
years  of  age;  nor  shall  this  provision  prevent  the  punishment  of  any 
person  for  violating  section  five  of  this  act  after  knowledge  of  the 
true  age  of  the  female  employed. 

Second.  That  whenever  a  violation  of  any  provision  of  this  act 
shall  also  be  a  violation  of  another  provision,  or  other  provisions, 
of  this  act,  penalties  may  be  imposed  for  the  violation  of  each  and 
every  such  provision. 

Third.  That  under  no  circumstances  shall  any  person  be  sen¬ 
tenced  to  imprisonment  for  more  than  one  year  for  any  one  violation 
of  this  act. 

Fourth.  That  whenever  a  violation  of  any  of  the  provisions  of 


60 


this  act  shall  also  be  a  violation  of  the  laws  of  this  Commonwealth  < 

regulating  the  hours  of  labor  and  conditions  of  employment  of  min¬ 
ors,  penalties  shall  be  imposed  under  only  one  of  such  acts.  , 

Disposition  of  Fines. 

Section  19.  All  fines  imposed  and  collected  for  any  violation  of 
this  act  shall  be  forwarded  to  the  Commissioner  of  Labor  and  In¬ 
dustry,  who  shall  pay  the  same  into  the  office  of  the  State  Treasurei 
for  the  use  of  the  Commonwealth. 

Construction  of  the  Act  not  to  Affect  Industrial  Training  or  Other 
Education;  Unconstitutionality  of  a  Part  of  the  Act. 

Section  20.  Nothing  in  this  act  shall  be  construed  to  prevent 
females  of  any  age  from  receiving  industrial  training  or  other  ed¬ 
ucation  in,  or  in  connection  with,  any  school  or  educational  institu¬ 
tion  in  this  Commomvealth. 

Each  section  of  this  act  and  every  part  thereof  is  hereby  declared 
to  be  an  independent  section,  or  part  of  a  section,  and  if  any  section, 
sub-section,  sentence,  clause,  or  phrase  of  this  act  shall  for  any 
reason  be  held  unconstitutional,  the  validity  of  the  remaining  phrases, 
clauses,  sentences,  subsections,  and  sections  of  this  act  shall  not  be 
affected  thereby. 

Acts  Repealed. 

Section  21.  The  following  acts,  or  parts  of  acts,  are  hereby  re¬ 
pealed  : 

The  act  entitled  “An  act  for  the  preservation  of  the  health  of  fe¬ 
male  employes  in  manufacturing,  mechanical,  and  mercantile  estab¬ 
lishments,”  approved  the  twenty-second  day  of  March,  Anno  Domini 
eighteen  hundred  and  eighty -"seven  (Pamphlet  Laws,  eighty-seven). 

Section  ten  of  the  act  entitled  “An  act  to  regulate  the  employment 
and  provide  for  the  safety  of  women  and  children  in  manufacturing 
establishments,  mercantile  industries,  laundry  or  renovating  estab¬ 
lishments;  and  to  provide  for  the  appointment  of  inspectors  to  en¬ 
force  the  same  and  other  acts  providing  for  the  safety  or  regulating 
the  employment  of  said  persons,”  approved  the  third  day  of  June, 

Anno  Domini  eighteen  hundred  and  ninety-three  (Pamphlet  Laws, 
two  hundred  and  seventy-six). 

Sections  four  and  eight  of  the  act  entitled  “An  act  to  regulate 
the  employment  and  provide  for  the  health  and  safety  of  men, 
women  and  children  in  manufacturing  establishments,  mercantile  in¬ 
dustries,  laundries,  renovating  works,  or  printing  offices ;  and  to  pro¬ 
vide  for  the  appointment  of  inspectors,  office  clerks,  and  others  to 
enforce  the  same,”  approved  the  twenty-ninth  day  of  April,  Anno  * 

Domini  eighteen  hundred  and  ninety-seven  (Pamphlet  Laws,  thirty).  * 

Sections  six  and  ten  of  the  act  entitled  “An  act  to  regulate  the 
employment  and  provide  for  the  health  and  safety  of  men,  women 
and  children  in  manufacturing  establishments,  mercantile  industries, 
laundries,  renovating  works,  or  printing  offices,  and  provide  for  the 
safety  of  men,  women  and  children,  and  children  in  hotels,  school 
buildings,  seminaries,  colleges,  academies,  hospitals,  storehouses, 
public  halls,  and  places  of  amusement,  by  requiring  proper  fire- 


61 


escapes;  and  to  provide  for  the  appointment  of  inspectors,  office 
clerks  and  others  to  enforce  the  same”  approved  the  twenty-ninth 
day  of  May,  Anno  Domini  nineteen  hundred  and  one  (Pamphlet 
Laws,  three  hundred  and  twenty-two). 

Sections  three,  seven  and  eight  of  this  act  entitled  “An  act  to 
regulate  the  employment,  in  all  kinds  of  industrial  establishments, 
of  women  and  children  employed  at  wages  or  salary,  by  regulating 
the  age  at  which  minors  can  be  employed  and  the  mode  of  certifying 
the  same,  and  by  fixing  the  hours  of  labor  for  women  and  minors; 
to  provide  for  the  safety  of  all  employes  in  all  industrial  estab¬ 
lishments,  and  of  men,  women  and  children,  in  school-houses,  acad¬ 
emies,  seminaries,  colleges,  hotels,  hospitals,  storehouses,  office  build¬ 
ings,  public  halls,  and  places  of  amusement,  in  which  proper  fire-es¬ 
capes,  exits,  and  extinguishers  are  required ;  to  provide  for  the  health 
of  all  employes,  and  of  men,  women  and  children  in  all  such  estab¬ 
lishments,  storehouses,  and  buildings,  by  proper  sanitary  appliances ; 
and  to  provide  for  the  appointment  of  inspectors,  office  clerks  and 
others,  who,  with  the  Chief  Factory  Inspector,  shall  constitute  the 
Department  of  Factory  Inspection,  to  enforce  the  same;  and  provid¬ 
ing  penalties  for  violations  of  the  provisions  thereof ;  fixing  the  term 
and  salaries  of  the  Chief  Factory  Inspector  and  his  appointees,’7  ap¬ 
proved  the  second  day  of  May,  Anno  Domini  nineteen  hundred  and 
five  (Pamphlet  Laws,  three  hundred  and  fifty-two). 

The  following  acts,  or  parts  of  acts,  are  hereby  repealed  in  so 
far  as  they  are  inconsistent  with  the  provisions  of  this  act: 

Section  two  of  the  act  entitled  “An  act  for  the  relief  of  the  heirs 
of  James  Caldwell,  deceased,  and  relative  to  the  hours  of  labor  in 
manufacturing  establishments,  ”  approved  the  twenty-first  day  of 
April,  Anno  Domini  one  thousand  eight  hundred  and  forty-nine 
(Pamphlet  Laws,  six  hundred  and  seventy-one). 

Sections  one  and  two  of  the  act  entitled  “An  act  to  limit  the  hours 
of  labor  constituting  a  day’s  work  in  this  State  to 'eight  hours,”  ap¬ 
proved  the  fourteenth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  sixty-eight  (Pamphlet  Laws,  ninety-nine). 

Section  eleven  of  the  act  entitled  “An  act  to  regulate  the  employ¬ 
ment  and  provide  for  the  safety  of  women  and  children  in  manu¬ 
facturing  establishments,  mercantile  industries,  laundry  or  renovat¬ 
ing  establishments,  and  to.  provide  for  the  appointment  of  inspectors 
to  enforce  the  same,  and  other  acts  providing  for  the  safety  or  regu¬ 
lating  the  employment  of  said  persons,”  approved  the  third  day  of 
June,  Anno  Domini  one  thousand  eight  hundred  and  nintey-three 
(Pamphlet  Laws,  two  hundred  and  seventy-six). 

Sections  one  and  nine  of  the  act  entitled  “An  act  to  regulate  the 
employment  and  provide  for  the  health  and  safety  of  men,  women  and 
children  in  manufacturing  establishments,  mercantile  industries, 
laundries,  renovating  works,  or  printing  offices ;  and  to  provide  for  the 
appointment  of  inspectors,  office  clerks,  and  others  to  enforce  the 
same,”  approved  the  twenty-ninth  day  of  April,  Anno  Domini  one 
thousand  eight  hundred  and  ninety-seven  (Pamphlet  Laws,  thirty). 

Sections  one  and  eleven  of  the  act  entitled  “An  act  to  regulate 
the  employment  and  provide  for  the  health  and  safety  of  men,  women, 
and  children  in  manufacturing  establishments,  mercantile  industries, 
laundries,  renovating  works,  or  printing  offices;  and  provide  for  the 


62 


safety  of  men,  women  and  children  in  hotels,  school  buildings,  sem¬ 
inaries,  colleges,  academies,  hospitals,  storehouses,  public  halls,  and 
places  of  amusement,  by  requiring  proper  fire-escapes;  and  to  pro¬ 
vide  for  the  appointment  of  inspectors,  office  clerks,  and  others  to  en¬ 
force  the  same/’  approved  the  twenty-ninth  day  of  May,  Anno  Dim¬ 
ini  nineteen  hundred  and  one  (Pamphlet  Laws,  three  hundred  and 
twenty-two).  v 

The  act  entitled  “An  act  prohibiting  athletic  exhibitions  of  longer 
duration  than  twelve  hours  in  each  calendar  day,”  approved  the 
eleventh  day  of  April,  Anno  Domini  nineteen  hundred  and  three 
(Pamphlet  Laws,  one  hundred  and  sixty-six). 

Sections  nine  and  ten  of  the  act  entitled  “An  act  to  regulate  the 
employment  in  all  kinds  of  industrial  establishments  of  women  and 
children  employed  at  wages  or  salary,  by  regulating  the  age  at  which 
minors  can  be  employed  and  the  mode  of  certifying  the  same,  and  by 
fixing  the  hours  of  labor  for  women  and  minors;  to  provide  for  the 
safety  of  all  employes  in  all  industrial  establishments,  and  of  men, 
women,  and  children  in  school-houses,  academies,  seminaries,  colleges, 
hotels,  hospitals,  storehouses,  office  buildings,  public  halls,  and 
places  of  amusement,  in  which  proper  fire-escapes,  exits,  and  extin¬ 
guishers  are  required;  to  provide  for  the  health  of  all  employes, 
and  of  men,  women,  and  children  in  all  such  establishments,  store¬ 
houses,  and  buildings,  by  proper  sanitary  appliances ;  and  to  provide 
for  the  appointment  of  inspectors,  office  clerks,  and  others,  who, 
with  the  Chief  Factory  Inspector,  shall  constitute  the  Department 
of  Factory  Inspection,  to  enforce  the  same;  and  providing  penalties 
for  violation  of  the  provisions  thereof;  fixing  the  term  and  salaries 
of  the  Chief  Factory  Inspector  and  his  appointees,”  approved  the 
second  day  of  May,  Anno  Domini  nineteen  hundred  and  five  (Pamph¬ 
let  Laws,  three  hundred  and  fifty-two). 

Section  five  of  the  act  entitled  “An  act  to  provide  for  health  and 
safety  of  minors  in  certain  employments,  by  regulating  the  ages  at 
which  said  minors  may  be  employed,  their  hours  of  employment,  their 
protection  against  injury,  and  to  prescribe  rules  for  the  obtaining 
of  employment  certificates,  and  providing  penalties  for  violation  of 
the  provisions  thereof,  approved  the  twenty-ninth  day  of  April,  Anno 
Domini  nineteen  hundred  and  nine  (Pamphlet  Laws,  two  hundred 
and  eighty- three). 

And  all  other  acts  or  parts  of  acts,  not  herein  particularly  speci¬ 
fied,  which  are  inconsistent  with  the  provisions  of  this  act. 

Date  of  Operation. 

Section  22.  Except  as  herein  otherwise  provided,  this  act  shall 
take  effect  on  the  first  day  of  November,  Anno  Domini  nineteen  hun-  s 

dred  and  thirteen.  , 


► 


'  / 


